Operation Weather

In passing sentence, Judge Kimm said something startlingly insightful for a judge with little intimate knowledge of the hacker psyche. While sternly stating that he did not intend to make light of the gravity of the offences, he told the court that 'the factors of specific deterrence and general deterrence have little importance in the determination of the sentence to be imposed'. It was perhaps the first time an Australian judge had recognised that deterrence had little relevance at the point of collision between hacking and mental illness.

Trax's sentence was also a good outcome for Mendax, who on 29 August 1995 pleaded guilty to eight counts of computer crime, and not guilty to all the other charges. Almost a year later, on 9 May 1996, he pleaded guilty to an additional eleven charges, and not guilty to six. The prosecution dropped all the other charges.

Mendax wanted to fight those six outstanding charges, which involved ANU, RMIT, NorTel and Telecom, because he felt that the law was on his side in these instances. In fact, the law was fundamentally unclear when it came to those charges. So much so that the DPP and the defence agreed to take issues relating to those charges in a case stated to the Supreme Court of Victoria.

In a case stated, both sides ask the Supreme Court to make a ruling not on the court case itself, but on a point of law. The defence and the prosecution hammer out an agreed statement about the facts of the case and, in essence, ask the Supreme Court judges to use that statement as a sort of case study. The resulting ruling is meant to clarify the finer points of the law not only for the specific case, but for similar cases which appear in future.

Presenting a case stated to the Supreme Court is somewhat uncommon. It is unusual to find a court case where both sides can agree on enough of the facts, but Mendax's hacking charges presented the perfect case and the questions which would be put to the Victorian Supreme Court in late 1996 were crucial for all future hacking cases in Australia. What did