Online Offences and Cyber Crime
Do you need an Cyber Crime lawyer in Melbourne?
Cyber crime is treated as a highly serious matter, especially in more recent years. If you are facing charges related to a cyber crime, it is imperative to have legal representation and an online crime lawyer that can properly guide you through the complicated and nuanced process. The State of Victoria imposes stringent regulations on cyber crimes, with violations carrying severe penalties, on account of the ease associated with data transmission. At Anthony Isaacs, we specialise in criminal law, and have the knowledge and expertise to represent you with confidence.
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Why Choose Anthony Isaacs?
At Anthony Isaacs, we specialise in criminal law, and have the knowledge and expertise to represent you with confidence. Working regularly with Melbourne’s leading senior Barristers and KCs, we offer honest, clear and straightforward advice and case assessments so you are well informed of your options. We believe that every person charged with criminal offences deserves expert legal representation – which is why we act for them.
If you are facing a cyber crime or online offence charge, contact one of Melbourne’s leading criminal law firms today for expert legal advice!
What is Cyber Crime?
In the modern age, cyber crime has become more and more prevalent, but what exactly constitutes a cyber crime?
By definition, cyber crime is an offence committed involving the use of a ‘carriage service’. This refers to any method of electronic communication, such as a mobile phone, computer, or internet connection, for example. Any movement of material online is easily detectable by police through credit cards used in a transaction, or the IP address of the computer.
The sentences for cyber crime vary greatly depending on the specific nature of the charge. In severe cases, often those relating to children, guilty verdicts can carry significant prison sentences.
There are various types of offences that are considered to be cyber crimes, these can include:
Computer intrusions
This is commonly known as ‘hacking’, and refers to the act of compromising a digital device or network by gaining unauthorised access. This is often used to gain information.
Phishing
When an individual attempts to steal confidential information through fraudulent emails. These are commonly framed as official correspondences from a body or organisation in order to trick the victim into complying.
Unauthorised modification or destruction of data
This includes deliberate deletion or corruption of programmes or data.
Creating or delivering malicious software
Malicious software, or a ‘virus’ is designed to impede the functioning of a system.
Online child sex offences
This is the cyber crime we see most often at Anthony Isaacs, and includes accessing, possession, and distribution of materials, as well as grooming. For the purposes of this legislation, a child is a person under the age of 18 years. It is an offence to possess any form of material which depicts a child, real or animated, in a sexual situation. These types of cyber crimes generally carry severe sentences if found guilty.
Cyber Crime Worldwide
Cyber crime is transnational under criminal law. This means that it is not restricted by borders often common in other forms of crime. Globally, it is in the best interest for countries to cooperate to fight against it. The Budapest Convention is the first binding international instrument with the aim to address cyber crime.
As a result of this, the investigation and prosecution of cyber crimes is becoming increasingly international. As this is such a multi-faceted subject, it’s essential to have a well-versed online crime lawyer on your team.
What Are My Potential Defences if Accused of a Cyber Crime?
There are a number of potential defences if you have been charged with a cyber crime. Your lawyer should take you through any that are appropriate in your case. These can include:
- Lack of Possession (of illicit materials) or
- Lack of Intent (to use data for malicious purposes)
- Mistaken Identity
- Mental Impairment
When Should I Contact a Cyber Crime Lawyer?
As soon as you are aware of charges against you relating to a cyber crime, you should contact a lawyer to gain appropriate legal representation. At Anthony Isaacs, we have decades of experience in the ever-changing area of criminal law and cyber law, making us a leading specialist. Contact us today so we can assist you in your cyber crime defence.