Unauthorised modification
Title: Criminal Damage
Offence: Unauthorised modification of computer material
Legislation: S3 Computer Misuse Act 1990
Commencement Date:
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 5 years
Sentencing Range:
Aggravating & Mitigating Factors
- Defendant was the designer of the virus
- Nature of the computer system
- Nature of modification
- Intention/motivation
- Pre-planned
- Sophisticated offence
- Repeated Offence
- 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 Guidelines (If Any)
None
Relevant Sentencing Case Law
R v VALLOR [2003] EWCA Crim 2288
The defendant released three viruses that he had written onto the internet, infecting computers in 48 countries. Guilty Plea. 2 years.
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 gaine access to his former employers computer system and caused £9K damage. £9,000. 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 23-89
