Other Criminal Offences – VIC

Welcome to the VIC Possession of data with intent to commit serious computer offence article page. Everything you need to know about Possession of data with intent to commit serious computer offence according to VIC law.

What the Law States according to VIC Law for Possession of data with intent to commit serious computer offence

According to VIC Law for the charge of Possession of data with intent to commit serious computer offence,

Crimes Act 1958 – SECT 247E
Possession of data with intent to commit serious computer offence

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.

The Maximum Penalty – Possession of data with intent to commit serious computer offence

According to VIC Law for the charge of Possession of data with intent to commit serious computer offence, 3 years imprisonment.

What the Police must prove according to VIC Law for Possession of data with intent to commit serious computer offence

1. The accused is in possession or control of data, or a computer, document containing such data.
2. The accused intends to commit or facilitate a serious computer offence.

Possible Defences under VIC Law – Possession of data with intent to commit serious computer offence

(1) No intent
(2) Factual dispute

In VIC which court will hear the matter – Possession of data with intent to commit serious computer offence

Magistrates’ Court

 

Date: 09/01/2009