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Unauthorised Impairment of Electronic Communication

Other (inc. Computer Offences) – VIC

Welcome to the VIC Unauthorised impairment of electronic communication article page. Everything you need to know about Unauthorised impairment of electronic communication according to VIC law.

What the Law States according to VIC Law for Unauthorised impairment of electronic communication

According to VIC Law for the charge of Unauthorised impairment of electronic communication:

Crimes Act 1958 – SECT 247D
Unauthorised impairment of electronic communication

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).

The Maximum Penalty – Unauthorised impairment of electronic communication

According to VIC Law for the charge of Unauthorised impairment of electronic communication, 10 years.

What the Police must prove according to VIC Law for Unauthorised impairment of electronic communication

1. That the accused caused an impairment of electronic communication to or from a computer.

2. That the impairment was unauthorised.

3. The accused knew the impairment was unauthorised.

4. The accused either
(i) intended to impair electronic communication to or from the computer; or
(ii) was reckless as to any such impairment.

Possible Defences under VIC Law – Unauthorised impairment of electronic communication

1. Factual Dispute:

(i) Impairment caused with authority

(ii) Impairment not intended

2. Duress

In VIC which court will hear the matter – Unauthorised impairment of electronic communication

County Court

 

Date: 09/01/2009

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