Have you been charged with Possession of Data with Intent to Commit Serious Computer Offence?
There a number of things to consider if you have been charged with this offence. Can the prosecution make out their case? Did you have possession or control of data? Did you intend to commit a serious computer offence? Did you help someone else to?
Carefully consider these questions with an experienced criminal lawyer as soon as possible. You should bear in mind that pleading guilty to this offence may carry a term of imprisonment.
Please read below for more information in relation to this charge.
The offence
Section 247E of the Crimes Act 1958
The prosecution must prove:
The defendant was in possession or control of data with the intention of committing a serious computer offence;
Or that the defendant intended to facilitate such an offence ;
The defendant intended to or was reckless as to any impairment of electronic communication.
The maximum penalty
A term of imprisonment not exceeding 3 years.
Where will my case be heard?
Possession of Data with Intent to Commit Serious Computer Offence will usually be heard in the Magistrates’ Court.
What to do next?
You should contact a specialist criminal lawyer to discuss your matter and go over the options you may have. It is critical that you allow adequate time to prepare for your matter in order to achieve the best result possible.
Speak to one of our experienced criminal lawyers today.
The legislation
Section 247E Possession of Data with Intent to Commit Serious Computer Offence
(1) A person who is in possession or control of data—
(a) with the intention of committing a serious computer offence; or
(b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person) —
is guilty of an offence and liable to imprisonment for a term not exceeding 3 years.
(2) In this section, a reference to a person having possession or control of data includes a reference to a person—
(a) having possession of a computer or data storage device that holds or contains the data; and
(b) having possession of a document in which the data is recorded; and
(c) having control of data held in a computer that is in the possession of another person (whether the computer is in Victoria or outside Victoria).
(3) A person may be found guilty of an offence against this section even if committing the serious computer offence is impossible.
(4) It is not an offence to attempt to commit an offence against this section.
