Perth Computer Offences

If you’ve been charged with a data access or computer offence, then you need the experienced team at Assurance Legal. These cases can be complex, but we have the expertise to advise you on the best course of legal action so you are ensured the best possible result.

• It is an offence in WA for a person to unlawfully use a ‘restricted-access computer system’ (that is, a computer or server that is password protected): Code s 440A
• The severity of the sentence for this offence will depend on whether the person who unlawfully accessed the systems obtained a benefit or caused a detriment, and to what extent

Data Access Order

What is a Data Access Order?

If Police lawfully seize your computer, phone, or other device on which data is stored, they may request that you provide a PIN or Password to allow access to the device. If you do not provide these details, Police may apply for a Data Access Order which will require you to provide these details.

The Police must have grounds for believing that the device will contain data relevant to a serious offence that you have committed. These orders are sought in a wide array of criminal matters.

You may commit an offence if you do not comply with a data access order.

Maximum Penalties:

• Imprisonment for 5 years (Indictment)
• Imprisonment for 2 years and a fine of $24,000 (Summary)

It is important to obtain legal advice as soon as you are served with a Data Access Order, as you will have a short period of time within which to comply. At Assurance Legal, we can help you assess your options quickly and efficiently and determine whether you have an available defence to failing to comply with a Data Access Order.

Indecent/Obscene Article Offences

An “article” is defined as including a publication, film, computer program (and associated data), photograph, object, sound recording, or an advertising for any article.

Whether an article is indecent or obscene will depend on the circumstances of the case and the specific nature of the article(s) in question. Common examples of such articles include images or videos of bestiality, torture, or execution.

It can be an offence to possess, copy or display an indecent or obscene article, whether or not you intend to show anyone or sell it to anyone.

If it is established that you made 10 or more copies of a particular indecent or obscene article, the Court will deem that you had an intent to sell the article.

If you have been charged with this offence, please do not hesitate to contact Assurance Legal. We can advise you about your options and help you obtain the best outcome possible.

See Possession of Child Exploitation Material