Anonymity, attribution, apportionment sentencing the cyber criminal

P. Aloi

Principal Federal Prosecutor and Work Group Coordinator (Commonwealth Director of Public Prosecutions, Perth Office) – patricia.aloi@iinet.net.au.

Background

Australian prosecution statistics on some of the more common cybercrime offences prosecuted at the federal level demonstrate a steady increase in matters prosecuted under Parts 10.6 and 10.7 of the Criminal Code (Cth) over the last 10 years.

Prosecutions have been predominantly with respect to alleged unauthorised access to or modification of computers and data.

Sentencing jurisprudence with respect to cybercrime in Australia is embryonic given the very limited number of prosecutions under these Parts.

Aims

The aim of the presentation is to outline recent first instance and appellate cybercrime sentencing decisions in Australia.  Specific issues with respect to sentencing the juvenile cyber offender will also be considered.

Sentencing a cybercrime offender involves a Court navigating a complex web of sociological, technological and criminological issues.

At the sentencing stage, cybercrime offenders often invoke technical prowess and service to the broader public interest in justifying their conduct.

Sentencing a cybercrime offender involves delicately balancing the public interest against the individual rights of the offender whilst taking into consideration concepts such as anonymity, attribution and the apportionment of punishment which adequately and appropriately reflects the alleged criminality and degree of quantifiable and resultant harm from that criminality.

Content

The presentation will draw on my practical experience as a Principal Federal Prosecutor in the Perth Office of the Commonwealth Director of Public Prosecutions and will involve an examination of very recent cybercrime prosecutions and sentencing outcomes in Australia.

The presentation will consider the emerging sentencing jurisprudence with respect to cybercrime offences.  It will also outline practical issues with respect to prosecuting cybercrime offences and appropriately presenting matters to sentencing Courts.


Biography

Patricia is a Principal Federal Prosecutor and Work Group Coordinator in the Perth Office of the Commonwealth DPP.   Admitted in South Australia in 2003 and in Western Australia in 2005, Patricia has been employed in State and Federal DPPs in SA and WA since 2002.  Patricia holds an LLM from the United Nations Interregional Crime and Justice Research Institute (UNICRI) and the University of Turin (UNITO) in International Organisations, International Criminal Law and Crime Prevention and an LLM (with Distinction) from UWA with a focus on criminology and criminal justice.  Patricia’s research interests include federal criminal law, criminology and cybercrime.

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