Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
This article provides information about a range of computer-related offences, which are laid out in the Criminal Code 2002. Most offenders recently dealt with in the ACT on the more serious computer charges have received sentences of imprisonment by way of periodic detention, but all sentencing options remain available and Good Behaviour Orders are regularly employed in these matters. A non-conviction order, however, is rare.
Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence
The maximum penalty for this charge is the same as if the person had committed, or enabled the commission of the serious offence.
A “serious offence” is defined as one that carries a maximum penalty of five years’ imprisonment or more.
The Prosecution has to prove beyond a reasonable doubt that the person knew that the access, modification or impairment was unauthorised. Further, the Prosecution has to prove beyond reasonable doubt that the person intended to commit, or enable the commission of the other, serious offence. The access, modification or impairment is not unauthorised only because the person had an ulterior purpose for causing it.
It is possible to be found guilty of this offence even if it were impossible for the serious offence to be committed and whether the serious offence was committed at the time of the unauthorised action or at some later time.
Unlike many other charges on the statute book, it is not an offence to attempt to commit this offence.
Only one offence of this nature has been dealt with in the ACT Magistrates Court in the two years to 30 June 2014, with the offender being placed on a Good Behaviour Order.
The Supreme Court dealt with four matters in the same period, with each offender being sentenced to periodic detention.
Unauthorised Modification of Data to Cause Impairment
A maximum penalty of 1000 penalty units and/or 10 years’ imprisonment is faced by anyone committing the offence of unauthorised modification of data to cause impairment.
The Prosecution must prove that the person knew the modification was unauthorised and intended by the modification to impair access to or to impair the reliability, security or operation of data held in a computer. It is enough that the person was reckless about those things to be found guilty.
A person can be found guilty of this offence even if there is or will be no actual impairment to access to, or the reliability, security or operation of, data held in a computer.
In the two years to 30 June 2014, two people were dealt with in the Supreme Court under this charge. Both received periodic detention.
Unauthorised Impairment of Electronic Communication
This charge carries a maximum penalty of 1000 penalty units and/or 10 years’ imprisonment.
To be found guilty, a person must know that the impairment was unauthorised and must have intended to, or been reckless about, causing the impairment.
Possession of Data with Intent to Commit Serious Computer Offence
The maximum penalty for this offence is 300 penalty units and/or three years’ imprisonment.
“Possession or control of data” has been given a broad meaning. It includes possession of a computer or data storage device holding or containing the data; possession of a document in which the data is recorded; or control of data held in a computer that is in the possession of someone else (whether the computer is in or outside the ACT).
It is not an offence to attempt to commit this offence.
A person can be found guilty of this offence even if committing the serious computer offence was impossible.
Producing, Supplying or Obtaining Data with Intent to Commit Serious Computer Offence
A person commits this offence if the person produces, supplies or obtains data with the intention of committing, or enabling the commission of, a serious computer offence.
The maximum penalty is 300 penalty units and/or three years’ imprisonment.
Again, a person can be found guilty even if it were impossible for the serious computer offence to have been committed.
Unauthorised Access to Or Modification of Restricted Data Held in Computer
The maximum penalty for this offence is two years’ imprisonment and/or a fine of up to 200 penalty units.
“Restricted data” is defined as “data held in a computer to which access is restricted by an access control system associated with a function of the computer”.
Unauthorised Impairment of Data Held in Computer Disc, Credit Card Etc
The knowing and intentional unauthorised impairment of the reliability, security or operation of data held in a computer disc, credit card or other device used to store data by electronic means is punishable, on conviction, by up to two years’ imprisonment and/or a fine of up to 200 penalty units.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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