Kangs Solicitors has been defending a client, the Technical Director of a company, trading as an international technology provider (‘the company’) and who had been charged with Conspiracy to Secure Unauthorised Access to Data Held on a Computer.
Timothy Thompson of Kangs Solicitors reports on the successful conclusion of the case.
The Background | Kangs Serious Crime Defence Solicitors
The Hertfordshire Serious Fraud and Cyber Crime Unit conducted an extensive investigation into the affairs of various employees of the Company which revealed evidence that showed three members of the company’s staff had gained unauthorised access to a competitor’s demo system on forty different occasions over an eighteen month period.
As a result, the three staff members were charged with conspiracy before St Albans Crown Court.
The Offence | Computer Misuse Act | Defence Solicitors
Although the Defendants were charged with the common law offence of conspiracy, the underlying substantive offence is covered under s1 of the Computer Misuse Act 1990 (‘the Act’)’
The Act states that a person is guilty of an offence if:
- he causes a computer to perform any function with intent to secure access to any program or data held in any computer or to enable any such access to be secured;
- the access he intends to secure or to enable to be secured, is unauthorised; and
- he knows at the time when he causes the computer to perform the function that that is the case.
The maximum penalty upon conviction is two years imprisonment.
The Successful Outcome | Cyber Crime Defence Solicitors
Upon his appearance before St Albans Crown Court for his Plea and Trial Preparation Hearing our client was represented by experienced counsel, Chris Henley QC, who we had selected and instructed on our client’s behalf.
Following a ‘Guilty plea’ by our client, submissions were advanced to the Judge by Queens Counsel which were not contested by the Prosecution.
Following substantial and forceful mitigation being submitted on behalf of our client, the Judge imposed a fine of one thousand five hundred pounds plus Prosecution costs to be paid of two hundred and twenty pounds.
Our client was elated with the result bearing in mind the nature of offence and the level of sentencing that could have been ordered by the Court.
How Can We Help? | Internet & Copyright Fraud Defence Solicitors
Please feel free to contact our team through any of our solicitors named below who will be happy to provide you with some initial advice and assistance.