Unauthorised access to computer with intent to commit an offence
Date Produced: 23 August 2007
Title: Criminal Damage
Offence: Unauthorised access to computer with intent to commit an offence.
Legislation: S2 COMPUTER MISUSE ACT 1990
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 5 years
Aggravating & Mitigating Factors
- Nature of intended offence
- Nature of the computer system accessed and the type of access obtained
- Sensitive/confidential information obtained
- Intention/motivation
- Pre-planned
- Sophisticated offence
- Repeated access
- Period over which offence was committed
- Significant public or private fear or distress caused
- Loss of public confidence in the system
- Damage caused to the system
- Cost of repair/securing system
Relevant Sentencing Case Law
R v Delmare [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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