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The offense of possession of data with intent to commit serious computer offence
Section 308F of the Crimes Act 1900 is the governing law for this type of offence. The law says that any person who is in possession or has control of data with the intention of committing a serious computer offence, or with the intention of facilitating the commission of a serious computer offence, whether it is committed by this person or by another person, is guilty of the offence.
Just what exactly “possession or control of data” means is provided by the same provision of law. Possession or control of data includes the following:
The following are serious computer offences that are punishable under Crimes Act 1900:
The usage of the word “intent” in the law basically means that even if there is no consummation of the crime as long as there was an intention to commit the crime a person can still be held liable under Section 308F.
Under Section 308F a computer offence is still committed if a person’s actions are used to facilitate the commission of the offence by another person.
The police will have to prove beyond reasonable doubt that:
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.