s247C Unauthorised Modification of Data to Cause Impairment

Have you been charged with Unauthorised Modification of Data to Cause Impairment?

Then you should consult an experienced criminal lawyer immediately. They may be able to help you challenge the offence by asking questions such as whether the prosecution have sufficient evidence to make out the offence, and ask whether you knew or intended to cause the unauthorised modification.

Only after carefully considering these questions, and many more, should you decide how to plead to this charge.

The offence

Section 247C of the Crimes Act 1958

The prosecution must prove:

1. the defendant caused any unauthorised modification of data held in a computer;

2. the defendant knew the modification was unauthorised; and

3. the defendant intended by the modification to impair the access, reliability, security or operation of any data held in a computer or was reckless to such impairment.

The maximum penalty

Level 5 imprisonment being a maximum of 10 years.

Where will my case be heard?

Unauthorised Modification of Data to Cause Impairment is usually heard in the Magistrates’ Court.

What to do next?

It is important that you see an experienced criminal lawyer immediately. Preparation in relation to your matter is critical. Do not delay.

If you have been charged with Unauthorised Modification of Data to Cause Impairment contact our office and speak with an experienced criminal lawyer today.

The legislation

Sectio 247C Unauthorised modification of data to cause impairment

A person who—

(a) causes any unauthorised modification of data held in a computer; and

(b) knows that the modification is unauthorised; and

(c) intends by the modification to impair access to, or to impair the reliability, security or operation of, any data held in a computer or is reckless as to any such impairment —

is guilty of an offence and liable to level 5 imprisonment (10 years maximum).