Have you been charged with Unauthorised Impairment of Electronic Communication?
There a number of things to consider if you have been charged with this offence. Can the prosecution make out their case? Was the impairment unauthorized? Did you cause the impairment? Did you act alone?
These are the type of questions that need to be considered prior to you telling the Court how you intend to plead.
You should also bear in mind that most people who plead guilty to this offence may face a significant term of imprisonment. Consult an experienced criminal lawyer immediately. Please read below for more information in relation to this charge.
The offence
Section 247D of the Crimes Act 1958
The prosecution must prove:
the defendant caused any unauthorised impairment of electronic communication to or from a computer;
the defendant knew the impairment was unauthorised; and
the defendant intended to or was reckless as to any impairment of electronic communication.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Unauthorised Impairment of Electronic Communication will usually be heard in the Magistrates’ Court. If it is a very serious example of the offence, it could be the County Court.
What to do next?
It is important that you consult an experienced criminal lawyer as soon as possible. Preparation in relation to your matter is vital. Do not leave it to the last minute.
If you have been charged with Unauthorised Impairment of Electronic Communication contact our office today.
The legislation
Section 247D Unauthorised Impairment of Electronic Communication
A person who—
(a) causes any unauthorised impairment of electronic communication to or from a computer; and
(b) knows that the impairment is unauthorised; and
(c) intends to impair electronic communication to or from the computer or is reckless as to any such impairment—
is guilty of an offence and liable to level 5 imprisonment (10 years maximum).
