Unauthorised access to computer material
Date Produced: 23 August 207
Title: Criminal Damage
Offence: Unauthorised access to computer material
Legislation: S1 COMPUTER MISUSE ACT 1990
Mode of Trial: Summary Only
Statutory Limitations & Maximum Penalty: 6 months
Aggravating & Mitigating Factors
- Nature of the computer system accessed and the type of access obtained.
- Sensitive / confidential information obtained.
- Intention.
- Pre-planned.
- Sophisticated offence.
- Significant public or private fear or distress caused.
Relevant Sentencing Guidelines
None
Relevant Sentencing Case Law
R v Delamare [2003] EWCA Crim 424
The defendant worked in a bank and was paid £100 to use the computer system to obtain account details on 2 accounts. Guilty plea, youth and good character, 4 months.
R v Victor Lindesay [2002] 1 Cr. App. R. (S.)
The defendant pleaded guilty and was committed for sentence on three charges of causing unauthorised modification to the contents of the computer (S3 Computer Misuse Act 1990). The defendant was a freelance computer consultant who gain access to his former employers computer system and caused £9K damage. Pure unmitigated revenge in which the defendant used his skill and knowledge of his former employer's business to cause a great deal of work, inconvenience and worry to organizations that were entirely innocent. 9 months.
Ancillary Orders
- Compensation
- Confiscation
Consider Also
- ABSO
Links
ARCHBOLD 23-88
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