Police Charge Hacker Of Francis Abbotts Files

[lightningdance]

A SYDNEY woman faces up to two years’ jail after being charged over computer hacking that led to student records about a $60,000 scholarship granted to Tony ­Abbott’s daughter being leaked to the online magazine New Matilda.

NSW police have charged Freya Newman, a 21-year-old communications student from the University of Technology, Sydney, with unauthorised access to restricted data held in a computer.

Ms Newman was served with a court attendance notice at her home on Monday night to appear on the charge before a magistrate next month.

Police involvement follows a complaint by management of the Whitehouse Institute of Design that its computer system was hacked on May 20, a day before New Matilda published an article claiming it had documents contradicting assurances by the Prime Minister that one of his daughters received a scholarship based on merit.

The New Matilda article prompted controversy over the selection process used to award a scholarship to Frances Abbott, and the magazine has criticised the Prime Minister for not declaring the grant on his register of interests.

NSW police pursued the institute’s complaint with a criminal investigation that concluded with the charge against Ms Newman under section 308H of the NSW Crimes Act, an offence carrying a maximum of two years in jail.

During the police investigation, the Whitehouse Institute handed over CCTV footage and email evidence that allegedly identified Ms Newman, who was working as a part-time night ­librarian for the institute in May when computer files were ­accessed.

It has been alleged Ms Newman gained unauthorised access to the files of Ms Abbott and more than 500 other students.

New Matilda editor Chris Graham lauded the “brave sources” who provided his publication with leaked information in a comment piece published on Monday.

[cherry*135]

From the article quoted above:
"She will be sentenced on October 23 and faces up to two years in jail."

That is the maximum penalty. There are lower penalties, a fine, good behaviour bond. Ms Newman appeared in Downing Centre LOcal Court NSW.

In NSW, a court can impose any of the following penalties for an unauthorised access of restricted data charge.

Section 10: unauthorised access of restricted data proven but dismissed

Fine

Good behaviour bond

Community service order (CSO)

Suspended sentence

Intensive correction order (previously periodic detention)

Periodic detention

Prison sentence

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of unauthorised access of restricted data, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

Which court will hear your Unauthorised access of restricted data charge in NSW:

This matter is a summary matter and can only be finalised in the Local Court.


You'll find a brief description of each of these penalties at the bottom of this page.

Possible defences for Unauthorised access of restricted data

Possible defences to an unauthorised access of restricted data charge include but are not limited to:

Duress

Necessity

Self Defence

Types of penalties:

Section 10 for an unauthorised access of restricted data charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an unauthorised access of restricted data charge: When deciding the amount of a fine for an unauthorised access of restricted data charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an unauthorised access of restricted data charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an unauthorised access of restricted data charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an unauthorised access of restricted data charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an unauthorised access of restricted data charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an unauthorised access of restricted data charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an unauthorised access of restricted data charge: This is the most serious penalty for the charge of unauthorised access of restricted data and involves full time detention in a correctional facility. Read more.

[cherry*135]

Link: http://www.armstronglegal.com.au/criminal-law/offences/computer/restricted-data

[karliandjacko]

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@kilroy_is_here wrote:
It's time that any paper who uses unlawfully obtained files or information are also charged with receiving stolen goods,
I also wonder if she has any political connection and if she was encouraged to do it , if so they should also be charged with conspiracy to commit a crime

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Yeah, as if the public had a right to know they were lied to about the weapons of mass destruction that we went to war over last time.\

Whistle blowers should not necessarily be prosecuted.

[cherry*135]

NO CONVICTION FOR FREYA - sentence a 2 year good behaviour bond

STUDENT Freya Newman has been handed a two-year good behaviour bond for leaking the details of a questionable scholarship awarded to the Prime Minister’s daughter, Frances Abbott.

Magistrate Teresa O’Sullivan told a packed courtroom in Sydney that her offence was at the lower end of offending and she has not recorded a conviction against Ms Newman.

Ms Newman had pleaded guilty to leaking restricted data that revealed Frances Abbott had been awarded a $60,000 scholarship to study at the exclusive Whitehouse Institute of Design.

Magistrate Teresa O’Sullivan told Sydney’s Downing Centre Local Court this morning that Ms Newman was entitled to maximum sentence reduction of 25 per cent due to her early guilty plea.

The magistrate said the data accessed was not highly classified, although it was not in the public domain.
It was at the lower end of offending with the most serious aspect being the breach of trust of her employers.

“I accept she was motivated by sense of injustice and not desire for notoriety … While this may explain what led to her offending it does not excuse her conduct,” the magistrate said.

She also accepted her younger age was a contributing factor. She was 20 at the time of the offence.

A psychologist report handed to the court suggested she was not aware of the consequences of her actions, which was also accepted by Magistrate O’Sullivan.

Magistrate O’Sullivan considered it “relevant “ to take into account the impact the offence had on Ms Abbott, who was the owner of the data that was breached.

There was concern in the community about accessing of such information, she said.

Sentencing laws allowed “wide discretion” in whether a conviction was entered.

“I found this sort of car is at the lower end of the scale. But there is a need to denounce this conduct,” Magistrate O’Sullivan said.
There was also a need to recognise the harm done to the community.

Freya Newman appeared relaxed as the court awaited the arrival of the magistrate this morning at Sydney’s Downing Centre Local Court.

http://www.news.com.au/national/freya-newman-sentenced-for-lifting-the-lid-on-frances-abbotts-schola...

[debra9275]

The magistrate said the data accessed was not highly classified, although it was not in the public domain.
It was at the lower end of offending with the most serious aspect being the breach of trust of her employers.

“I accept she was motivated by sense of injustice and not desire for notoriety … While this may explain what led to her offending it does not excuse her conduct,” the magistrate said.

[cherry*135]

Private colleges aren't going to get the Govt funding that they were promised in the Budget either. There will be a delay of three years.
By then the current Govt could be gone.

Govt backsdown on some higher education reforms

- delay the expansion of Commonwealth funding to private colleges by three years;

[debra9275]

By then the current Govt could be gone.

I expect they'll be gone too.

can only hope that some of the damage they've done can be unwound

[lloydslights]

am*  Can you explain in fairly common layman's terms what does a good behaviour bond entail.  Or point us in the right direction for our own enquiring minds.

On her (what) record?  Does it disappear after the 2 years from that particular record?  

What sort of behaviour would make this current bond denied and would it lead to detention?

Can a person have more than one bond -for different illegal actions?

Could a future employer trace or investigate (without hacking) a persons record?

Add anything more if you think may help us to understand the situation.

Thanks, will have to go out soon.  But will be back to read up.

DEB

[boris1gary]

Freya should be made Australian of the Year for exposing the abbott families dodgy dealings.

[cherry*135]

No conviction - no record (if bond isn't breached).

NSW

'Section 10' good behaviour bonds can last for up to 2 years. They don't come with a criminal conviction.

Generally, magistrates are more likely to give section 10 and section 9 good behaviour bonds for less serious offences, and for first-time offenders.

http://www.criminallaw.com.au/blog/criminal/general/what-is-a-good-behaviour-bond-nsw-penalty-explai...


For anyone who finds themselves in front of a magistrate who imposes a good behaviour bond when jail could be an alternative, count yourself lucky.

http://www.findlaw.com.au/articles/4296/good-behaviour-bonds-explained.aspx