Salter v The Director of Public Prosecutions (NSW)

The appeal before the Court of Appeal of New South Wales concerned the conviction of the appellant, Salter, for offences under s 308H of the *Crimes Act 1900* (NSW), specifically the unauthorised access to restricted data with an ulterior purpose. The Director of Public Prosecutions (NSW) was the respondent. Salter sought leave to appeal against 22 convictions, arguing that the cumulative effect of these convictions was oppressive.

The primary legal issue before the Court was whether the imposition of 22 separate convictions for unauthorised access to restricted data, each with an ulterior purpose, constituted an oppressive sentence. This required the Court to consider the proper application of s 308H of the *Crimes Act 1900* and the principles governing the imposition of cumulative sentences, particularly where the conduct might be seen as part of a single course of action.

The Court granted leave to appeal but ultimately dismissed the appeal. The reasoning focused on the nature of the offence under s 308H, which requires proof of unauthorised access to restricted data and an ulterior purpose for that access. The Court found that each instance of unauthorised access with a distinct ulterior purpose could properly form the basis of a separate conviction. The argument that the convictions were oppressive was rejected, as the sentencing judge had taken into account the totality of the offending conduct when imposing the sentence. The Court made no order as to costs.