Part 4A of the Criminal Law Consolidation Act 1935 (SA) sets out a number of offences in relation to computers, computer data and electronic communications networks. Access to, or modification of, computer data is unauthorised unless it is done or made by ...

Deception can be done by words or conduct. It is a misrepresentation: about a past, present or future fact or state of affairs; or about yours or others intentions; or of the law. [s 130 of the Criminal Law Consolidation Act ...

Damage building or motor vehicle by fire or explosive It is an offence to intentionally or recklessly damage another person's property (building or motor vehicle), using fire or explosives. Maximum penalty: Life imprisonment [Criminal Law Consolidation Act 1935 (SA) s 85(1)] ...

Definition Section 20 of the Criminal Law Consolidation Act 1935 (SA) outlines the offence of Assault. Assault occurs if there is any intentional and unwanted physical force used against a victim [s 20(1)(a)]. For example, punching, hitting or kicking a person. The ...

An aggravated offence will attract harsher penalties in recognition of the circumstances of the offending. Under the Criminal Law Consolidation Act 1935 (SA) there are many circumstances of aggravation. Many of these can be found in s 5AA of that Act, others ...

The Magistrates Court Diversion Program is available to offenders with impaired intellectual or mental functioning (whether due to mental illness, intellectual disability, acquired brain injury or a neurological disorder) who have been charged with minor indictable or summary offences. To be eligible for ...

Indictable offences are divided into major indictable offences and minor indictable offences. Major indictable offences must be dealt with in the superior courts (District or Supreme). Minor indictable offences are dealt with in the Magistrates Court unless the defendant chooses to have the charge ...

The two elements of a criminal offence For a criminal offence to occur there must be two main elements - the prohibited conduct and the mental element of a guilty mind or intention. Unless an offence falls into the unusual ...

There are four important principles of the criminal law. These principles are set out briefly here and discussed more fully later in this topic and in Court - Criminal Matters. Innocent until proven guilty (the presumption of innocence) The basis of our system ...

A crime is an offence that merits community condemnation and punishment, usually by way of fine or imprisonment. This is different from a civil wrong (a tort), which is an action against an individual that requires compensation or restitution. Criminal offences ...