Possessing data with the intention of committing a serious computer offence is an offence under Section 308F of the Crimes Act 1900 (NSW). It carries a maximum penalty of three years in prison.

The prosecution must show that the person had the data in their possession or under their control, and that they intended to use it to carry out or assist in carrying out a serious computer offence.

Elements

A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.

It is not an offence to attempt to commit an offence against this section.

Possession or Control of Data:

Possession or control of data includes possession of a computer or data storage device holding or containing the data or of a document in which the data is recorded, and control of data held in a computer that is in the possession of another person.

Intention:

It must be proven that the person meant to use the data either to commit a serious computer offence themselves or to assist another person to do so by facilitating the commission of the offence.

Penalty

The maximum penalty for the offence is three years imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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