Computer & Cyber Crime Lawyer Cairns — Fixed Fee
$3,300 — Fixed Fee
Fixed Fees Magistrates Court plea (single charge or straightforward matter) — $3,300 fixed Magistrates Court plea (complex matter or multiple charges) — $4,800 fixed District Court plea — from $12,000 District Court trial — from $15,000 Covers: first consultation, advice on charge and applicable framework, full preparation of plea submissions, and representation at your plea hearing. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Full review of the digital evidence brief. We read the material the prosecution relies on — not just the charge sheet. Framework advice. We identify whether Queensland or Commonwealth charges apply and what that means for your options and penalty exposure. Authorisation analysis. The "without authorisation" element is examined against the specific access or conduct alleged. Plea submissions. Written submissions covering the charge, your personal circumstances, and the employment and professional licence consequences where relevant. Court representation. Attendance at the Magistrates or District Court for the plea hearing. Pre-charge advice. If you are under investigation but not yet charged, advice on what to do — and what not to do — before police make a charging decision. Collateral consequence planning. Identifying licence, visa, and employment disclosure obligations before the hearing so there are no surprises after it.
These Charges Are More Serious Than Most People Expect
Computer and cyber crime charges carry higher maximum penalties than many people realise, and they arrive with consequences that extend well beyond the sentence. Both Queensland and Commonwealth law apply — sometimes to the same conduct — and the framework that is charged determines the court, the penalty range, and the available options. The most common situations involve conduct that felt ordinary at the time: logging into a shared account after a relationship ended, accessing work systems after a resignation, sending a message that was angrier than intended. None of that makes the conduct authorised in law, and "I thought I could still access it" is not a complete answer to a charge under s 408E of the Criminal Code Act 1899 (Qld) or s 478.1 of the Criminal Code Act 1995 (Cth). Early advice matters here more than in most areas. Police investigations for computer offences can take weeks or months. If you know a referral has been made or that you are being investigated, getting advice before charges are laid can change what happens next.
Penalty Ranges for Queensland and Commonwealth Charges
Queensland charges under the Criminal Code Act 1899 (Qld): Commonwealth charges under the Criminal Code Act 1995 (Cth): The maximum penalties in this area are substantial, and the tier of charge laid often depends on what the prosecution alleges you gained — or what damage resulted. s 408E(1) — computer misuse (basic). Up to 2 years maximum. s 408E(2) — computer misuse causing detriment or obtaining a benefit. Up to 5 years maximum. s 408E(3) — computer misuse, value exceeding $5,000 or intent to commit an indictable offence. Up to 10 years maximum. s 408D(1) — identity information: obtaining, possessing, using or supplying. Up to 5 years maximum. ss 359A–359E — unlawful stalking using electronic communications. Cyber stalking provisions covering harassment via email, messaging, social media or other electronic means. Invasion of Privacy Act 1971 (Qld) s 43 — listening or recording device offence. Up to 2 years maximum. s 477.1 — unauthorised access with intent to commit a serious offence. Maximum equals the penalty for the underlying serious offence. s 477.2 — unauthorised modification of data causing impairment. Up to 10 years maximum. s 477.3 — unauthorised impairment of electronic communications. Up to 10 years maximum. s 478.1 — unauthorised access to restricted data. Up to 2 years maximum. s 478.3 — possession of data with intent to commit a computer offence. Up to 3 years maximum. s 474.15(1) — using a carriage service to make a threat to kill. Up to 10 years maximum. s 474.15(2) — using a carriage service to threaten serious harm. Up to 7 years maximum. s 474.17 — using a carriage service to menace, harass or cause offence. Up to 5 years maximum (updated January 2022). s 474.17A — transmitting sexual material without consent (adults). Up to 6 years maximum (updated September 2024).
The Collateral Consequences Can Outlast the Sentence
For many people charged with a computer offence, the sentence imposed by the court is not the most damaging outcome — the collateral consequences are. Most regulated professions require disclosure of any criminal charge involving dishonesty or unauthorised access. In health, law, finance, education and government roles, a conviction can trigger licence suspension or loss before the matter is even sentenced. That is a consequence worth preparing for, not discovering after the plea. Computer offences frequently arise in workplace contexts — a dispute after a resignation, an allegation by a former employer, a complaint from an ex-partner. In those situations, the charge itself (not only a conviction) can end employment relationships and generate civil claims in parallel with the criminal proceedings. Data breaches, business losses and privacy violations can found civil liability regardless of the criminal outcome. Non-citizens face an additional layer: visa consequences can follow from convictions of this nature, and immigration advice should be obtained alongside criminal advice where that is relevant.
What Changes the Outcome
Whether the access was actually "unauthorised." Many matters involve people who had some form of access — work credentials, shared accounts, passwords they were once given. The prosecution's case on the authorisation element needs to be tested carefully. Whether Queensland or Commonwealth charges are laid. The two frameworks carry different maximum penalties, operate in different courts, and present different plea options. The value of any alleged benefit or detriment. Under s 408E, whether the alleged value exceeded $5,000 determines which tier of the charge is engaged and the applicable maximum. Whether the conduct was isolated or part of a pattern. A single access event is treated differently from repeated conduct across multiple accounts or systems. Whether the matter stays in the Magistrates Court or moves to District Court. Jurisdiction affects the penalty range available and the preparation required. Sentencing preparation quality. Employment context, personal circumstances, steps taken since the conduct, and evidence of rehabilitation all affect the outcome — but only if they are put before the court properly.
What Sacha Focuses On
The authorisation question is examined first. A significant number of computer offence matters involve people who held legitimate access at some point — a former employee with active credentials, a partner with a shared device, someone who was given login details in a different context. The prosecution still has to prove the access was without authorisation at the time it occurred. That element is worth testing, and it often produces a different result than the initial charge sheet suggests. The charging framework shapes everything that follows. Queensland and Commonwealth provisions can apply to the same conduct, and in practice the prosecution usually selects the framework carrying the higher maximum or the better fit for what is alleged. Sacha works through which framework has been applied, whether that was the appropriate choice, and what it means for negotiation, plea options, and the court the matter will be heard in. For matters proceeding to a plea, the employment and professional licence consequences receive as much attention as the sentence itself. Submissions address both. A person facing a conviction that triggers a mandatory disclosure obligation to a licensing body needs those consequences addressed in open court — not discovered afterward. The digital evidence brief is also reviewed in full. Identifying how evidence was gathered, whether there are gaps, and what the material actually establishes takes time, and that review informs the advice given at every stage.
FREQUENTLY ASKED QUESTIONS
I accessed my ex's email account — is that a crime? Yes. Accessing any account without the account holder's consent is unauthorised access. The relationship between the parties is not a defence. Depending on the circumstances, charges can be laid under s 408E(1) of the Queensland Criminal Code or s 478.1 of the Commonwealth Criminal Code , or both. Can I be charged under both Queensland and Commonwealth law for the same conduct? Yes — dual charging is possible. In practice the prosecution usually proceeds under the framework that carries the higher maximum or best fits the specific conduct alleged. Sacha advises on which framework applies and what that means for your options. Will I go to jail? It depends on the charge and the circumstances. For lower-level matters under s 408E(1) or s 478.1 involving a first offence and no significant detriment, an immediate custodial sentence is unlikely. For matters under s 477.2, s 477.3 or s 408E(3) involving actual damage, large-scale system compromise, or a pattern of conduct, there is a real risk of imprisonment. The sentencing range is wide — preparation matters. My employer is accusing me of accessing their systems after I resigned — what happens first? Usually a referral to police. Police investigate, obtain the digital evidence, and a decision to charge can come weeks or months later. Do not wait to get advice — what you do and say in that period can affect the outcome significantly. I sent a threatening message online — what charge does that attract? Under Commonwealth law, threats to kill attract s 474.15(1) (up to 10 years) and threats to cause serious harm attract s 474.15(2) (up to 7 years). Using a carriage service to menace, harass or cause offence is charged under s 474.17, which carries up to 5 years. These are Commonwealth charges prosecuted in Queensland courts. What about sharing someone's intimate images without consent? That conduct is captured by s 474.17A of the Commonwealth Criminal Code — transmitting sexual material without consent — which carries up to 6 years (updated September 2024). There are also Queensland provisions that may apply. Call us before the matter progresses — early advice matters for how the evidence is handled.