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ADLA member for - NSW

Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Other (inc. Computer Offences) - NSW
Welcome to the NSW Possession of data with intent to commit a serious computer offence article page. Everything you need to know about Possession of data with intent to commit a serious computer offence according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Possession of data with intent to commit a serious computer offence
According to NSW Law for the charge of Possession of data with intent to commit a serious computer offence,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
41597 Possess data with intent to commit computer offence-T1

The Maximum Penalty - Possession of data with intent to commit a serious computer offence
According to NSW Law for the charge of Possession of data with intent to commit a serious computer offence,

The maximum penalty for the charge of possession of data with intent to commit a serious computer offence (Section 308F of the Crimes Act) is three years inprisonment.

In NSW, a court can impose any of the following penalties for a possession of data with intent charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

What the Police must prove according to NSW Law for Possession of data with intent to commit a serious computer offence

To convict you of a possession of data with intent charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. That you were in possession or control of data.
  2. With the intention of committing, or facilitating the commission of (whether by you or another person) a serious computer offence.

They will also need to prove that you were the person who committed the possession of data with intent offence.

Possible Defences under NSW Law - Possession of data with intent to commit a serious computer offence

Possible defences to a possession of data with intent charge include but are not limited to:

In NSW which court will hear the matter - Possession of data with intent to commit a serious computer offence

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a possession of data with intent charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a possession of data with intent charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a possession of data with intent charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for a possession of data with intent charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a possession of data with intent charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a possession of data with intent charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a possession of data with intent charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a possession of data with intent charge: This is the most serious penalty for the charge of possession of data with intent and involves full time detention in a correctional facility. Read more.

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