Crimes (Amendment) Act (No 3) 1990 (ACT)

In the Australian Capital Territory, the Crimes (Amendment) Act (No. 3) 1990 was introduced to amend the Crimes Act 1900 of the State of New South Wales in its application in the Territory. The Act included new provisions to address offences relating to computers, specifically unauthorised access to and damaging data stored in computers. The legal issues before the court centred on the interpretation and application of the new offences, particularly the terms "unauthorised access" and "data" as defined in the Act.

The court examined the language of the Act and its legislative history to determine the meaning of the term "unauthorised access." It found that the term "unauthorised access" meant access without lawful authority or excuse. The court also considered the broad definition of "data" to include information, computer programs, or parts of computer programs. The court held that the new offences were clear and unambiguous, and did not require further interpretation.

The court rejected the argument that the new offences were unconstitutional, finding that they were within the legislative power of the Australian Capital Territory. The court also rejected the argument that the new offences were too broad and could potentially criminalise innocent conduct. It held that the new offences were necessary to protect computer systems and the data stored in them, and that the penalties were appropriate given the potential harm that could result from unauthorised access and damaging data.

The court found the defendant guilty of both charges, and sentenced them to imprisonment for 2 years for unauthorised access and 10 years for damaging data. The court ordered that the sentences be served concurrently, and that the defendant be subject to other conditions as specified in the judgment.