Section 478.4 Criminal Code Act 1995
Data with Intent to Commit Computer Offence

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Producing, supplying or obtaining data with intent to commit a computer offence is a crime under section 478.4 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You produced, supplied or obtained data, and
  2. You intended by doing so for the data to be used by you or another person to commit an offence under:
    (a) Section 477.1: Unauthorised access, modification or impairment with intent to commit a serious offence
    (b) Section 477.2: Unauthorised modification of data to cause impairment, or
    (c) Section 477.3: Unauthorised impairment of an electronic communication, or you intended to facilitate the commission of such an offence.

‘Data’ is information in any form, including any program or part of a program.

‘Producing, supplying or obtaining data’ includes doing so in respect of data held or contained in a computer or a document in which the data is recorded.

You may be found guilty even if committing the offence under section 477 was impossible.

You cannot be found guilty if you attempted but failed to commit the offence.

Duress is a defence to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Data with Intent to Commit Computer Offence matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

478.4 Producing, supplying or obtaining data with intent to commit a computer offence

(1) A person is guilty of an offence if:
(a) the person produces, supplies or obtains data; and
(b) the person does so with the intention that the data be used, by the person or another person, in:
(i) committing an offence against Division 477; or
(ii) facilitating the commission of such an offence.

Penalty: 3 years imprisonment.

(2) A person may be found guilty of an offence against this section even if committing the offence against Division 477 is impossible.

No offence of attempt

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

Meaning of producing, supplying or obtaining data

(4) In this section, a reference to a person producing, supplying or obtaining data includes a reference to the person:
(a) producing, supplying or obtaining data held or contained in a computer or data storage device; or
(b) producing, supplying or obtaining a document in which the data is recorded.

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  1. Proven Track Record of Exceptional Results

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  8. Accredited Specialists

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    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

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