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OF
PROCEEDINGS
COUNTY
COURT
CRIMINAL
JURISDICTION
MELBOURNE
THURSDAY
DECEMBER
1996
COPY
BEFORE HIS HONOUR JUDGE
MEDIA ROSS
THE
QUEEN
v.
JULIAN
PAUL
ASSANGE
MS
MR
L.
P.
TAYLOR
GALBALLY
appeared
appeared
on
on
behalf
behalf
of
of
the
Crown.
the
Accused.
VICTORIAN
167 Queen
GOVERNMENT
Street,
REPORTING
-
SERVICE
9603 2403
Melbourne
Telephone
1 HIS HONOUR: This accused has been arraigned on previous 2 occasions, has he not?
3 MS TAYLOR: He has but this matter has a very protracted
4 history and there will need to be a re-arraignment on 5 some counts this morning. 6
7
HIS
MS
HONOUR:
TAYLOR: What
Yes.
I propose to do is to explain that history to
8 9 HIS
Your
HONOUR:
10 MS TAYLOR: The indictment in its present form was filed on 11 2 June 1995. On 29 August 1995, the prisoner was 12 arraigned and pleaded guilty to one count of insert data 13 into a Commonwealth computer contrary to Paragraph 76C(a) 14 of the Crimes Act.
15
HIS
HONOUR:
One
count
of?
COPY
a commonwealth
was
16
17
MS
TAYLOR: to
Insert
data 76C(a),
into
computer
Count 14.
contrary
Paragraph
MEDIA which
obtain access
18
19
HIS
MS
HONOUR:
TAYLOR: One
Yes.
count of to data relating to the
20
enforcement
of
the
law
of
the
Commonwealth,
using
the
21
22
23
24
25
facilities
76D(2)(b)(3)
three counts
of
of
of
a
carrier
the Crimes
contrary
Act,
into
to
5
to
Sub-Paragraph
was Count
using
76E(a)
count of
which
a
20;
the
of
insert
carrier
data
computer
Sub-Section
facilities
the Crimes
of
Act,
contrary
Counts 4,
which
was
and
8;
one
26
27 28
erase
carrier which
data
from
a
to 9;
computer
using
the
of
facilities
the
of
a
Act,
76E(a) of
Crimes use
interrupt
the
of
29
30
computer
using
the
facilities
which was
of
Count
carrier
11 and
contrary
count
to
of
Sub-Section
76E(b),
one
31
defraud
.HS:BS 5/12/96 Assange
carrier
contrary
to
Sub-section
85Z(f)(a)
of
T13650A
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
the not
Crimes guilty On 9
Act, to May
which the
was
Count
29. The
prisoner
pleaded
remaining the
counts. prisoner of was re-arraigned data 76C(a) access into of to and a the data
1996, to
pleaded
guilty
one
count to
insert
contrary one of
count
the into
20; the 4,
counts
facilities 5, 6, 8, 10,
carrier,
which
data which were Counts 9, 23 and 24; four data one and on a computer of count to 9 which were use Count Counts of a 25,
count one
interrupt of
the
computer,
Count
defraud, remaining an
29. The
applicant
pleaded On
the May,
acquittal
COPY
18 19
20
counts 2, 3, 18 and 19. the County Court on that the that trial the remaining their counts, that
His Honour the Chief Judge of date determined in relation to questions render of the were the law arose such of a for
MEDIA
determination and and could conduct 21 22 23 24 25 26 27 28
29
these
questions of
plea were of
a date full
October
made
reserved to this
the
case
stated,
court. Subsequently,
HONOUR:
TAYLOR:
they
give
the
reasons
matter
for
was
that?
properly the
They
said
that
not
30 31 HIS
subject HONOUR:
of
case
stated.
Yes.
T13650A
DISCUSSION
1 MS TAYLOR: The prisoner still, at this stage, has a plea of 2 not guilty entered into Counts 1, 7, 12, 13, 21 and 22. 3
4
HIS
MS
HONOUR:
TAYLOR: 1,
Just
7, 12,
repeat
13, 21
that.
and 22, and he will now need to be
5 6
7
re-arraigned HIS
MS
on
those
counts.
HONOUR:
TAYLOR: Your
Yes.
Honour, for your assistance, I certainly -
HIS
HONOUR:
The
pleas
that
have
been
made
are
to
stand.
9 10 11 12 13 14 15 16 17 18 19
20
MS HIS
correct. counts to which will are has you it? a number of already been counts on made reference, that
presentment,
That is a
directed
entered.
HONOUR: Yes. TAYLOR: Your if Honour, that is I of have prepared to a summary of the
indictment HIS MS
assistance
you.
COPY
and not to be 13, it is on the pleas place on and counts that this Count Count that the morning. 1, Count 22. are guilty take
MEDIA
21 22 23 24 25 26 27 28 29 30 31 HIS HONOUR: that were been is, I have the read the summary of that has been note provided, that there THE CHARGE: Offences Crimes ACCUSED contrary Act (6 to s.76 and s.85 of the Commonwealth re-arraigned Count 21
Count
Count
counts).
pleaded
guilty.
agreed said
summary to have
facts. I
other dealt
men
been
involved. Have
they
with? 3
DISCUSSION
T13650A
1
2
MS
HIS
TAYLOR:
HONOUR:
They
Is
have,
any
Your
reason
Honour.
why the same judge is not
there
3
4 MS
dealing
TAYLOR: In
with
those?
of the list, we were just put in this
terms
5 6 7 8 9 10 11 12 13 14 15 16
17
court. HIS HONOUR: cases with ought MS There that by to a be are many that are by statements offenders involved the of who in principle have similar judge. offenders The were in the dealt
been
who
activities
with
same
Honour. by -
Those
two
dealt
with
different -
judges.
offender,
HIS
HONOUR: We to be pretty a
compounding
the
seems with
charged
much
MS
TAYLOR: It is
some
COPY
18 19
20
HIS
differences between the matters alleged against - - HONOUR: All the more reason why the same judge should deal with it and sort out if the it is and different of the criminality. I do have in
MEDIA
MS TAYLOR: copies respect HIS MS HONOUR: TAYLOR:
21 July
Your of of
Honour, the
assistance, sentencing
21 22 23 24
25
indictment of
remarks
both
those the of
Honour
What In
1995
were
respect
by His
on
Judge
Lewis,
26 alleged against him were one count of obtain access to 27 commercial information on the Commonwealth - - 28 HIS HONOUR: I see the 76D offences carry a maximum penalty of 29 10 years; is that so? 30 MS TAYLOR: No, that is not so, Your Honour. They are two 31 years, two years maximum.
.HS:BS 5/12/96 Assange T13650A
DISCUSSION
1 2 3 4 5 6 7
8
It It 76E
must is is E
be that 10
years.
does
it
not?
Your 10
the
defraud
charge
85Z(f)
carries
maximum
penalty
9 10 11 12 13 14 15 16
17
of HIS
five
years, Do
Your you
HONOUR: the
Yes.
have
other
accused to hand up
MS
HIS HONOUR: do MS
the
TAYLOR: Yes.
COPY
18 19
20
obtain access to commercial information on a Commonwealth computer contrary to s.76B(2)(b)(8) of the Crimes Act, one count to of alter data one in a Commonwealth of erase two computer in a of to
MEDIA
contrary s.76C(a), computer into counts a count to data 21 22 23 24 25 26 27 28 29 30 31 Commonwealth insert data two contrary s.76C(a), counts
computer access to
contrary data
s.76C(a), to the
relating the
enforcement of of a
of
Commonwealth to
using
carrier data
contrary from a
erase of a data
computer to
facilities of
carrier into a
contrary computer to in
counts
insert of a
facilities of being
carrier
contrary
counts Assange
knowingly access to
concerned data
Paul
obtaining
.HS:BS 5/12/96 Assange
contrary 5
76B(2)(b)(3),
DISCUSSION
T13650A
1 2 3 4 5 6 7 8 9 10
11
and
76D(2)(b)(8). convicted him by for B and, without the sum passing of years the $500 in
cognisance in a period of
of of
behaviour 26 counts
three of
pursuant
to s.21B
Crimes
Did
the
director
take
any
steps
in
relation
to
sentence? No, He
Yes,
TAYLOR: HONOUR:
TAYLOR:
Your was
it?
was not grounds to
Your
Honour.
certainly
12 13
14
15
say HIS
MS
that
the Yes.
sentence
was
manifestly
inadequate.
HONOUR:
TAYLOR: $2100 B in
was
also
ordered of
to
pay
reparation
in
the
sum
of
respect
damage
COPY
caused
to
the
computer
systems
16
at
the
Australian
National
University.
18 19
20
by
His
Honour of the
Judge
Kimm
in
respect to
of
one
count two
of
defraud of
Commonwealth
contrary by
s.29D, of a
counts
MEDIA
obtain access contrary to to to data means Commonwealth count affairs contrary of of to 21 22 23 24 25 26 27 28 29 30 HIS 31 facility obtain any s.76B(2(b)(5) relating facilities to of the a and one
access
data the
personal carrier
person
using
s.76D(2)(b)(5). His Honour in discharged the of In he does sum C of without $500 to conviction be of to good s.19B upon behaviour of the
recognisance for a
years
Crimes
convicting the
Honour three
junior say
the
Where amongst
Crown
accused
them? 6
DISCUSSION
T13650A
1 MS TAYLOR: The Crown submits that this accused was the most 2 serious of the - - 3
4
HIS
MS
HONOUR:
TAYLOR: The
The
ringleader?
Your Honour, yes. I am corrected
ringleader,
5
6 7
by
He most
my
was
learned
the
friend
active as
and
that
is
and,
probably
perhaps, than the
appropriate.
he was the
most
hacker well,
skilful
hacker,
rather
ringleader.
While
the
three
certainly
communicated
with
each
other,
9 10 11 12 13 14 15 16
17
their
own
hacking propose
activities. penalties of up
Commonwealth sort of
that on
was
very at the
determined Royal
the
computers and
the
Melbourne National
Institute
Australian
University. What
say
about
that?
COPY
18 19
20
Your Honour, all three hackers involved in this are what is described by computer literate people hackers rather than that malicious great to hackers. of damage
"look/see" is that
MEDIA
notwithstanding were the used amounts 21 22 23 24 25 26 27 28 29 30 31 MS HIS inconvenience and not caused target for The a the systems, the or the off information to sell or was
systems, gain
personal
benefit. and
desire were in
factors Honours
certainly the
taken other
sentencing
co-
Do
the
same
considerations
apply
here
in
your
would
concede 7
that
the
prisoner
is
DISCUSSION
1 2
3 4 HIS MS
look/see
hacker, to
but you We at
had the
to
make time as
Yes. Your
will
hear is
Galbally matter,
Honour,
there
final
5 6
7
just HIS
raise
that.
HONOUR:
Yes.
8 9
MS
TAYLOR:
When
I you
hand will
up
the
transcripts in those
of
the
other that
co-accused,
notice
transcripts
10 there is a reference to a summary offence in respect of 11 both of those defendants, and that summary offence was a 12 charge of inciting the commission of offences against the 13 law of the Commonwealth, particularly Part 6A of the
14
16
Act, What
by was
publishing that?
in
writing
in
magazine
called
COPY
17
MS
TAYLOR:
"International
MEDIA Subversive".
prisoner was in was also charged sine with at that the
18
19 20 21
HIS
MS
HONOUR:
TAYLOR: offence
"Subversive"?
Yes. and The the
charge it is,
adjourned fact, a
die
committal
because
summary
offence.
22
23 24 25 26
HIS
MS
HONOUR:
TAYLOR: by the
Yes.
"International prisoner provided and Subversive" contributed on was to how a by to magazine B and hack C, and compiled and how the to
magazine
information
phreak?
27 28 29
30
HIS MS HIS
MS
How
to?
Phreak. P-h-r-e-a-k.
That's correct. Phreaking is when you -
31
HIS
HONOUR:
Yes,
T13650A
follow
that. 8
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
MS
TAYLOR: persons
The
magazine being
had B,
a C
stated and
distribution the
of
three
only,
summary with
offence by this to
charged court
against
jurisdiction Act.
pursuant
Victorian advice
time,
received the
sub-s.68(3) a Victorian to
Judiciary court
prevents summary
exercise
superior a
jurisdiction
with
respect
federal so
has on -
consented sentence -
pursuant
the
account
COPY
18 19
20
MS
as a summary offence. In practicalities, not very Honour, When you it I but am in to terms take it of into
much, the
would
submit, -
legality that
MEDIA
HIS HONOUR: account, follows, 21 22 23 24 25 26 27 28 29 30 31 made MS HIS MS from what him for have told me, but is just to that I am not able to punish -
correct. do nothing says will the been a about that be court it. the maximum penalty
section
certainly
taken
into
account. to be
allow
reparation that is
order taken
relation
any
offence
into
account.
.HS:BS 5/12/96 Assange T13650A
DISCUSSION
1
2
HIS
MS
HONOUR:
TAYLOR: I am
Are
not.
you
asking
main
for
reason
any
that
reparation
this is put
order?
in is
The
3 4
5
6
so HIS
MS
HIS
that
the
matters it
can
be
finally
determined.
HONOUR:
TAYLOR:
HONOUR:
Clear
Yes,
I am
up?
but I hand up that -
Your
to
Honour,
take the
summary.
What
section
under
7 8 9 MS HIS
he
is
charged 7AB.
with
the
summary
offence?
Section 7A?
10 MS TAYLOR: Sub-section B of the Crimes Act. It is the 11 incitement provision, Your Honour. 12 HIS HONOUR: I am to take it into account, but I have no power 13 to punish for it?
14
15
MS
HIS
TAYLOR:
HONOUR:
Yes,
Your
is
Honour.
sort of
hand
up
the
requisite
form.
That
intellectual
COPY
gymnastics,
isn't
it?
16
17
MS
HIS MS
TAYLOR:
HONOUR: TAYLOR: I
It
Yes.
is,
Your
Honour.
MEDIA
up the form that it is necessary under that
18
hand
20
21
HIS
MR
HONOUR:
GALBALLY: Do
Thank
you
you.
me to
Yes,
Mr
Galbally.
issue of whether or
want
address
the
22
23 HIS
not
HONOUR:
you
No,
should
no, I
be
will
the
deal
sentencing
with it.
judge?
It seems there has
24
been
pot-pourri.
Two
judges
have
had
crack
at
it,
25
26
27
why
MR GALBALLY:
in
not
a
Your
to
third
Honour,
that, in
one?
I will
He
be
to
might
making
the way
do
it
properly.
submissions
client is
certain
that my
regard
regard
28 29
placed
within
the what
of
the
other is that
but, other
essentially,
said
30 31
offenders Honour.
.HS:BS 5/12/96 Assange
It
they
have
all that
acted what
Your that
appears
T13650A
10
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
their
activities
they
have
come
into
contact
have been
through
the
would
Your have 17
seen papers
that. came up
night, You
not an
read
them. but if I
would
opportunity, in
just
precis
contained
them.
HONOUR: Yes. GALBALLY: originally It is really on C, there was an intercept where he that is was
placed with
B's the
telephone, other
having with Mr
offender,
and
prisoner
before
the
ringleader
COPY
18 19
20
HIS
this exercise; it is merely that - - HONOUR: I follow that. Your opponent immediately your that, your then, demurrer but when I used that expression, that, if I ahead that that of the is the and may I
MEDIA
didn't I read to be somewhere one jump 21 22 23 24 25 26 27 28 29 30 31 MR client when seemed they on, everybody telephone attribution came
aware -
intercepts
were
client
the
client alerted
others and
some sort of a solution to, as it were, keep one Is think that that not correct? the material, they you to can see
ahead? I
throughout
one
person
gains
information,
seem
between the or
client if I
have use
aware
that
expression,
.HS:BS 5/12/96 Assange
that
there
people
were
T13650A
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
at
that stage,
see, into
have I am if
hacking for of
these
bound you
not
like, are
thrill
confronted view,
with
potential right,
on
one
say,
we'd goes
better on -
that -
keeping the
That that?
troublesome
this. Am I
entirely,
Your
it
manner?
HONOUR: Yes.
COPY
GALBALLY: Throughout you what on the that course very of the plea, That hacker's and and the is I will part be and in the 18 19
20
appears to be
activity play
MEDIA
there trying much and had becomes to does then access this mouse the between himself. all that 21 22 23 24 25 26 27 28 29 30 31 MR must Lewis. am doing investigate that the to cost hacker
HONOUR:
How
community,
potential I
results very
troublesome at the
register I am is
surprise one
disposition
Judge all I
him; a
surprise, you
very
powerful GALBALLY: I
argument will be
that adopting
have
this in
that 12
argument
T13650A
1 Your Honour, but I think I wish to place a little bit of 2 this in context which, I hope, will assist you in 3 understanding the sentences that have been passed down in 4 the past. For example, sir, Julian Assange was 20 years 5 of age when this activity occurred. 6
7
HIS
MR
HONOUR:
GALBALLY:
Yes.
That is in 1991. He now comes before the court
8 9 10 11 12 13 14 15 16
17
as a 25 year on his
there that of
will be he is
different
social he
maturity has
committed as if
for
part I
but, one my
more part
the
deposition is
material Mr
submission,
significant,
COPY
18 19
20
Which part are we going to? I am going to take you to the record of interview draw Which your attention to one page specifically, sir.
MEDIA
HONOUR: page? 21 22 23 24 25 26
27
MR GALBALLY:
That is page - I hope it is - 353 of the record It is almost page of his on at the end of it. It record two of interview, once in 1992. is the sir.
was 1991
interviewed and
occasions, in
then,
again, when?
in
February
HONOUR:
GALBALLY:
Interviewed
He was
twice
interviewed
December
1991
and
he
was
28 29
30 31
interviewed HIS
MR
again
in
February
1992.
HONOUR:
GALBALLY: that in I
Yes.
want to pause there, that Your he Honour, gave in and say this, you
the
first
interview
December,
T13650A
13
DISCUSSION
1 2 3 4 5 6 7 8 9 10
11
see
that
he
an extremely that
of he to
activities. an answer
question explains
exactly
to the systems that he got his ability to and is candid about and I will of the at p.37
candid he at was a
about
endeavouring stage in
achieve, the at
later but
during
course p.353,
Honour,
particular,
HONOUR:
GALBALLY:
have
"Well,
got
I
that.
was led to believe that the
says,
12 13
sooner would
the be
interview against me
was and,
done,
the
more the
evidence less
there
therefore,
physical
14 15 16
17
evidence
would
be
back
occasion,
COPY
18 19 20
21
assisted the police with their enquiries with the endeavour to have this matter dealt with as soon as possible. HIS
MR
MEDIA
Yes.
them with all of their enquiries to the
HONOUR:
GALBALLY:
Assisted
22
best
of
his
ability.
There
is
no
duck-shoving
at
all
23
24
with
hiding
the
questions,
well,
giving
look,
one
I'm
candid
not sure,
answer
I
and
then
know.
behind,
don't
25 26 27 28 HIS 29 30 31 MR
It
is
very
candid
He is not charged until offence. HONOUR: charges I can in a of understand some case like
difficulty
formulating
matter,
T13650A
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
with done
dealing
with in
the his
material. power, at
has to
everything the
early
expedite
proceedings.
He has not relied on his rights, which could not be used is, against him in a sense, to in any event, but, I've of your come by that down statement, with assist as he the you
saying, all
here to
endeavour and to
answer this
questions up as
have for
matter three
cleared -
early three
possible. he
Then, awaits
some
years
almost
years
his Between
charges. that time, he sir, and the you time as when an these
offences
occurred,
comes It is one
before
entirely
when of
through are
fact, use
the
accused
intelligent their
colloquial
expression,
intelligence
COPY
18 19
20
outstretched their own maturity, and now his maturity as a person has caught up with him and he has an insight into his That matter. done went under taken offending is a behaviour. feature may be of this particular he case Court that can to has not
MEDIA
significant the charges this Court sir, 21 22 23 24 25 26 27 28 29 30 31 MR HIS Although to the complex,
Crimes -
against guilty
Assange the
still
deemed
pleaded HONOUR: to be
earlier
opportunity. got
Yes, in a case like this, the guilty plea has of great no has significance. The trial doubt saved and about the by that. enormous guilty expense and
He that
community pleading
by the
trial
today,
T13650A
15
DISCUSSION
1 matters upon which that went before the full court were 2 technical questions of law. 3 HIS HONOUR: Yes, I follow that. I would not, for one minute, 4 suggest that made any inroads and I accept that that was 5 for the purpose of clarification of the legal position. 6 MR GALBALLY: Yes, and the full court - I don't want to merely 7 reiterate what my friend has said, but the full court
8 9 10
11
effectively
that the
said,
had
in
-
refusing
-
to
hear
the
application,
Bench
HIS
MR
HONOUR:
GALBALLY:
wonder
had
did
a
the
Bench
stated
have
that
17
went
volumes
before
on
it
it?
and
They
case
12 13
14
15
agreed HIS
MR
summary Yes.
The those
of
facts.
HONOUR:
GALBALLY: or
the
court
was
essentially statement
concerned
of
that
whether
would be
not
same
agreed
COPY
facts
16
17
if
Mr
Assange
was
put
under
cross-examination, settled in
were
they
finally and
determined
MEDIA
urged
against
and
(indistinct),
18
19
although
matter,
the
they
Crown
decided
the
it.
court
But
to
Mr
consider
Assange,
the
then,
20
21
22
has
that
law,
pleaded
maybe
and
guilty,
there
is
accepted
some
his
his
fate,
in
notwithstanding
respect of the
this
are
to
grey
areas
that he
that
credit
doesn't
wish
23
24 25 26 27
28
matter
HIS MR HONOUR: GALBALLY:
to
Yes.
be
I
delayed
shall the
any
take of
further.
those the Mr on
a
matters five
into
During of adult
parent.
course
years has
commission a
a
these who
offences, has
he
Assange
matured of
aged
young
sole
taken
has
responsibilities
young son who is
Sir,
29 30
31 .HS:BS
almost wife
her,
7, left
Daniel. the
was
Just
to
his
arrest, his
in
his son
then with
Your
premises
then aged
taken
and,
young
late
who
20
months
1992,
5/12/96
T13650A
16
DISCUSSION
Assange
1 2 3
4
Mr
Assange
has
managed
to
receive
sole
custody
of
son. Was
No,
HONOUR:
GALBALLY:
that
that is
by
by
agreement
way of
or
Court
protracted
Family
5 6
7
8
proceedings, HIS
MR
sir.
HONOUR:
GALBALLY:
proceedings
Yes.
I am
are
instructed
still
by
my
client
but
that
it is
those
obvious
continuing
today,
9
10 11
that
he
has
demonstrated
in
-
great
the
deal
of
maturity
and
and
responsibility
livelihood -
taking
over
supervision
12 13
14
15
HIS MR
HIS
MR
HONOUR: GALBALLY:
HONOUR:
GALBALLY:
That That
What
No,
is is
at
Malmsbury sir.
or
Street,
Hawthorn?
correct,
a flat
is
is
that,
a
house
sir.
or
that
rented
COPY house,
his
16
17
HIS
HONOUR:
He
Yes.
is a
What
receiver
is
employment?
of a sole parent pension,
MR GALBALLY: sir.
MEDIA
was a
18
HIS
HONOUR:
He
said
he
computer
programmer
by
20
MR
GALBALLY:
That
is
correct,
sir,
and
will
be
providing
21 some material to you. Since being charged in 1993, sir, 22 he has set up a site(?) on the internet which enables 23 people - he has put programmes onto the internet site and 24 it enables people to gain access to that material. In
25 26
that sense, he describes himself as a computer
programmer.
27
28 29 30 31
HIS
MR
HONOUR:
GALBALLY: community will and He
Yes.
has managed to give and back an his the awful at work site, lot some on to the I
in
that to
respect Honour he
from
the
stage, the
tender the
Your that
from on
site users
material T13650A
many
17
DISCUSSION
1 throughout all over the world have used the material that 2 he has provided to the internet. 3
4
HIS
MR
HONOUR:
GALBALLY:
What
There
is
a
his
particular
of
programme?
He has four
are
variety
programmes.
programmes
that
are
on
the
site.
There
is
one
that
is
6
7
described
subscribers
as,
to
"Best
it.
of
He
security",
produces
which
has
in
over
regard
5000
to
bulletins
security
and
provides
computer
software
in
respect
of
9 10 11 12 13 14 15 16
17
things. Does No, sir, he that receives he has he get paid for that? well, in from time to regard to the all in
receive
but, that
essentially, is contained
the
material
will for
folder,
nobody
user in
Assange is
hopeful
at some stage
COPY
18 19
20
in addition to providing material onto the internet, that at some stage he will end up receiving some sort of paid remuneration for it, but he is clearly a to he provide freely person who wants to people to
MEDIA
the that that. HIS
MR
internet isn't
to
be for,
able and
material his
21 22 23
24
paid
gives
services
HONOUR:
GALBALLY:
Yes.
Sir, if you just bear with me, I have a letter
25
26 27
here
from
the
Alternative
it that I is
Technology
am instructed before the
Association
that court they are
Incorporated aware of
wherein matter
this
although
28 29
30
there
is
no
specific describes
provided
mention the
to
of of
My
it,
sir,
but that
had
it
essentially
MrAssange
type
them.
services
friend has
has
an
31
opportunity
.HS:BS 5/12/96 Assange
of
perusing
that 18
letter.
DISCUSSION
T13650A
#EXHIBIT
Letter
from
Alternative
Technology
Association.
2
3
HIS
MR
HONOUR:
GALBALLY:
Do
It
you
is not
want
me
to
to
read
read
that
it at
now?
this stage,
necessary
4 5 6 7 8 9 10 11
12
sir.
The
the some
plea
will be
as
follows, in
sir, regard
is that I to
MrAssange's
formative the -
years
thrust is
be
that
mother Your
will
strongest
point
the
attitude
taken
by
the
judges. That
Is
GALBALLY:
HONOUR:
is
correct,
any reason
sir.
in this case why the
there
13
14
15
principles
MR GALBALLY: comes not In before
of
my
parity
should
they
not
should much
apply?
apply, the sir, same that manner, he if
submission, court in
the
COPY
other
16
18
identical,
HIS HONOUR: Have
to
you
what
the
people
came
Ms
before
the
considered
MEDIA that,
considered the
Taylor?
19 20 21
MS
TAYLOR: Honour be my
Your would
Honour, be
have by the
that, of
and
while it the
bound that
principle
parity, you is
submission
prisoner
before
22
23 HIS
serious
HONOUR:
of
But
the
in
three
of
offenders.
being the most serious, I take it
terms
24 25
26
they MS
HIS
were
all
first
offenders?
TAYLOR:
HONOUR:
Yes.
There has got to be, a, a belief on my part that
27 28
29
the
punishment of this
imposed court
one
was have
manifestly decided
to a
inadequate two
and
two
judges
in this
that
lesser
participants
than the
scheme,
obviously
extent
30
other
but
when
two
judges
of
this
court
have
decided
31
that
non
custodial
dispositions 19
are
appropriate,
DISCUSSION
T13650A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20
in
the
case
of about
first an
offender,
if
the
enthusiastic to be
have
persuaded would My
significant MS
differences,
not?
the
factor
give. that, but I who cannot are ignore the fact of that the
HIS
this
court that
well in
appraised appropriate
principle they
cases
taken Yes,
view Honour,
that my
MS
TAYLOR:
submission not be
parity a
will
offended but a
the
custodial
sentence
suspended
sentence.
COPY
that the sentence isn't that if the offence is served is punishable glance computer of
MEDIA
by a declaration 21 22 23 24 25 26 27 28 29 30 31 MS HIS gaol all I sentence; now, of the in fact just at first are hacking into the a
and,
suppose, it
identify
quite the
number usage
probably of
does
not
that they if
had
their
computers
the the
computers
into
that's
terminology. Honour, fact, gain it Mr 20 that's the three was correct. of it them your are not doing
personal or was
expression,
arrogance
.HS:BS 5/12/96 Assange
Galbally?
DISCUSSION
T13650A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
MS HIS
TAYLOR: HONOUR:
it
was is
Your
Honour. then my at
that
motivator is one I
principle soured by
quite it is
penalties in our
so and
deeply my you
entrenched is
feeling and
that Mr -
having Galbally,
read that B
the
heard
heard the
discrimination is inclined
between to Your be
certainly
and
accused my
submission, of the
Honour, were
skills of All B.
prisoner
excess
HIS
HONOUR:
right;
then
you
maintain thought
it. I
will be
hear to
you
I just
I might
able
Honour,
COPY
18 19
20
acknowledge that it comes before other co-accused and will be HIS HONOUR: fact to I don't want you're create I a tinkering you at to be the
MEDIA
edges 21 22 23 24 25 26 27 28 29 30 31 significant have difference that when if exists in to -
because
would was
thought by
Judge that
Lewis
particular
the
fact
the
access the
personal
finally if I
,whiff
will
struggling
of first so
offenders with
ingredients distinguish it
.HS:BS 5/12/96 Assange
significantly
T13650A
1 2 3 4 5 6 7
8
of
this
court
really
has if
imposed the
inadequate complain
particularly
Director
it. Yes, of the new Your law Honour; is that one of the problems of with course, this are
these
offences,
offences. Yes.
HONOUR:
TAYLOR:
There
is
only
one
other
set
of
hackers
that
have
9 10 11 12 13 14 15 16
17
come and
before in
this
court of
and
that
too
were
three
respect
those were
three
sentences as well.
imposed
Yes, but I of a
think to be
when you've got what seems to be look at another and at I me similar quite and set of say
really when
helpful cases
often
counsel
proffer
say,
"Well,
COPY
18 19
20
now, in such and such a case so and so was the penalty therefore you ought to be guided." I draw back from that because and each case, each case has its as times own it particular were but facts that to the
MEDIA
own particular principle of offenders is at all 21 22 23 24 25 26 27
28 MR
subservient
Yes, in
Your my
between -
prisoner
hackers you to
not
mind at
occurring,
Mr
Galbally,
or
would
prefer
No,
GALBALLY:
Your
Honour;
she
may
proceed.
29
MS
TAYLOR:
Thank
you;
the
counts
that
relate
to
Northern
30 Telecom which are counts seven to 11 on the indictment 31 related to the hacking of - - .HS:BS 5/12/96 Assange T13650A
22
DISCUSSION
1
2
HIS
MS
HONOUR:
TAYLOR: No,
Was
not
B
at
charged
all.
with
those?
is the only one who
The
prisoner
3
4
is
charged
with
those
skills
offences
to get into
and
the
they
were
quite
Nortel
superior
computer
systems.
5
6 HIS
was
HONOUR:
Canadian
Let me
telecommunications
a look at the
in relation to
have
summary
that,
counts
to
11;
call
one,
between
July
`91
and
8
9 MS
29
TAYLOR:
October
Yes,
`91?
Your Honour. The number of computers affected
10 11 12 13 14 15 16
17
by
that
piece
of
hacking to to
was
The
belonging attached
Northern it and -
about
prisoner
obtained
password This of is
files by
this
technique until
used hit
of
numbers correct,
around Your
he he
on
That's
Honour,
actually
COPY
18 19
20
programme to do that and on a number of those computers he had - in over 100 of the computers, he had root access to those computers which meant that he didn't need any
MEDIA
further password, he had the he could have gone for anywhere quite key to the door if you like, that he liked and he was in 21 22 23 24 25 26 27 28 29 30 31 HIS
those
systems
months
before
the
Systems
working doing so
that
lawfully to is or
what's gets
one the
that
some
computer?
you
answer
the
Administrator 23
responsibility
DISCUSSION
T13650A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
for
looking
after
the
hacking to the
done
by
the that
disrupt use
computer
extent
but merrily
my is how
it's
along
and
information procedures
that
anyone There
auditing of,
which that
don't
know
Your
Honour,
can
discover
Well, the information is going to an telephone don't an it number the or something of but that sort? -
know
something Systems
those
lines, -
Your -
Honour,
and
when
Administrator
COPY
18 19
20
HIS HONOUR: Perhaps we should ask the accused? MS TAYLOR: Perhaps we should, Your Honour. When the Systems Administrator core affect Wang of found the the presence prisoner to catch of was him an able and close intruder to count to on the the
MEDIA
system, them when monitor 11 21 22 23 24 25 26 27
28
trying one
to this; the
prisoner that
was
the from
exclude he
System
Administrator that in is
the
therefore Your
lawful
use
computer. -
that say
summary the
HIS
MS
HONOUR:
TAYLOR: Is
That
the
difference?
and the time and the
difference;
extent
29
skill
required
in
relation
to
those
counts
differentiate
30 31 HIS
the
prisoner And
T13650A
from
the
offender, only
B.
HONOUR:
that's
the 24
discrimination?
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
MS
TAYLOR: Honour.
The
rest
of
the
counts
are
very
similar,
Your
HIS
I it
don't to
think my
that's
enough. I but I
mean,
attention just a be
don't
think
It
seems
suppose that
friends I
about was
Judge
impressed
the
acceptance was
this
entry of done
computers
point
without 33 per
10
years
discount
me
the
sentencing
remarks
made
by
Lewis, Lewis
the
significant want to
remarks I would
that like
made. I
COPY
18 19
20
MS
you to read them into the transcript, please, Ms Taylor. TAYLOR: His Honour said, "Upon the material produced to me on this plea in and the upon number the the of depositional volumes and material to which the to is think is
MEDIA
contained and for that upon the a presented court 21 22 23 24 25 26 27 28 29 30 31 wasn't
.HS:BS 5/12/96 Assange
reading
listening it I
counsel my it view is
accused, but
recorded the B of
reasons be
indicated
during his a in
argument he will
that be
released
upon for
good
behaviour
will make
reparation
Australian
National
University
Your
transcribed.
T13650A
There
sentencing
DISCUSSION
1
2 HIS
respect
HONOUR:
of
C is
from
in -
His
you
Honour
say he's
Judge
at
Kimm.
the bottom of the tree.
MS
TAYLOR:
He
is
very
much
at
the
bottom
and
His
Honour
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20
explicitly if I HIS HONOUR: me. about MS TAYLOR: referred Federal apply. HIS HONOUR: heed, are is not Yes, it I read I
that. Would
that
be
off
assistance
due course. I
think
have make
mislead it
you
should of
clear
offences
the
Sentencing
Act
it s.19
doesn't that in a
apply
but a
have
still on
got
to
says
where
sentence of got
available the
State of
court those
practice has
abolition
remissions
COPY
just wanted to clear that up in misled you.
had,
MEDIA
Thank you; I'm sorry, it's not strictly s.10 but I got to give a s.10 discount in the Commonwealth 21 22 23
24 25
26
terms. MS
HIS
TAYLOR:
HONOUR: think
the
Yes,
Mr you
Your
Honour.
you the
has
have
heard
what
have
said; on
personal
been made
background
a little
material
easier
file
but
the
for
27 28
29 30
31
you.
do of
believe
that
there in this
should court
be so
seen far
but
to as
be is
consistency
possible Judges
has to
punishment
a with
and are
be
that's dealing
pretty
elusive fact
a
commodity
when there
do not
similar
for
circumstances
and I
very
good
reason
departure
T13650A
26
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14
15
think
the of
that case
were are
raised such
by
Ms would by
Taylor cause
in me
the to
that made
from Your if I
disposition I'm
Judge that
Lewis.
for like -
indication;
just
going back
counsel, to for
Daniel
den
get
his
GALBALLY: Honour, to Mr
thankful I can
that
indication
just
make
this
remark. In
addition
material
that
want
to
put
BY BY
BY
14 14
Jan
Jan Jan
2011
2011 2011
COURT
ORDER
COPY
2011
2011 Jan
16
17
DELETED
DELETED
BY
BY
COURT
COURT
ORDER
14
Jan
ORDER
MEDIA 14
14 14
get a
18 19
20
DELETED DELETED
HIS
BY BY
COURT COURT
You
ORDER ORDER
cannot
Jan Jan
2011 2011
result than what I have
HONOUR:
better
21
22 23 MR HIS
proposed,
GALBALLY: HONOUR:
can
you?
I can try your for time. a non-conviction I think bond? of
Your No,
Honour, you're
wasting
offences
24
25
this
kind
ought
of the
to
court
be
I
mark
is
on
I
his
must
record,
say that
the
if
disposition
think
26
27
I
Ms
had
first
go
at
this,
I
would
have
been
closer
with
to
Taylor's
submission.
would
have
thought
the
28
29 30
extensive
read pretty the
intervention
summary of
that
is
disclosed
but I take in
and
it my
I've
only
a the
the of
facts what
that's view,
good
appraisal
occurred,
31
intrusion
.HS:BS 5/12/96 Assange
into
these
computers
was
quite
extensive,
it
T13650A
27
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20
carried thought,
with and
it in
the
potential to
to
cause
harm, as
particular
access and
results never
don't
probably upon
prisoner but
his
which
reposes that it
accepts the
malevolent is just of
that
sort being
intelligent to -
able
what's but
various have
computers
thought, I
before have
heard had is it a so
disposition view in
Judge
Lewis,
that
might
different
but I our MR
believe that
the I Your
principle am bound
of parity to follow
entrenched I will.
law
and I'm
Honour.
Once
again,
grateful
for
COPY
should put put the the just by way of prisoner's on the background so that
HIS
HONOUR: record
should and
MEDIA
material, the like, record 21 22 23 24 25 26 27 28 29 30 31 MR it - I am appraised of it and that it is there for well, GALBALLY: mother, today little I repeat If I may for begin the by record. saying she is is able this, Your Honour, in court his
Christine if of
Assange, she
currently to give
and bit
required Mr
Assange's
background
really
relevant in this sense, sir, that a moved young from child town and to the to throughout town, from his
entire
Mrs
Assange 28
is
unable
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
chronology
of
all
the
cities
and
times
and
places
Julian least 12
before
attended
different
schools
during
his
lifetime. I HIS HONOUR: Does MR GALBALLY: he will He endeavour to outline mastered that the to world you of now, sir.
obviously any no
has formal
computers.
have He
educational education
has what
formal
qualities
from
State to
school
country
town
country age
town
mother
at the
became
friend is
his
interaction young
highly
intelligent
COPY
18 19
20
difficulties that any child has moving to one or two schools during their lifetime. Most times, parents are most concerned form but literally four at went from in school one to another, sometimes about cliches how and the child will adjust own because social
MEDIA
children groups Mr they have their 21 22 23 24 25 26 27 28 29 30 31 He
Assange
spending six
months
school,
months
another time to
ostracised
from
would be
ostracised, to be
he would
I suppose
his
this the
mother, at some
encouraged realised
and
stage
it 29
become
addictive
DISCUSSION
T13650A
instrument
to
him
at
very
early
age.
2
3 4 5
HIS
MR
HONOUR:
GALBALLY: ways. ran
Were
No, His
both
his is
parents
together?
is quite tragic young was 17 in many who of
sir; mother
lady years
away
effectively
from
6 7
age
and
moved and
to fell
Sydney. pregnant
She in
came her
from early
an 20s
background
8
9
Julian.
Shipton, he
The
never
biological
took up
father
or
of
if
Julian,
he did
Mr
only
John
took
resident
10 11 12 13 14 15 16
17
up HIS MR
residence Has
for he had
very contact
short with
that married
event a Mr
entered
Brett was
finished
when
Julian
COPY
18 19
20
had, I'm instructed and told by his mother, that Julian had a very close relationship with his step-father. His step-father He, with ended was an actor and was on a theatre director. difficulties
MEDIA
unfortunately, it was plagued with 21 22 23 24 25 26 27
28 29 30
that Almost
basis that Mrs Assange immediately entered the into of if after a the
Assange by
new
gentleman onto
name sir,
Kevin I can
moving
there,
How old
was
HONOUR:
GALBALLY: stage, of six
was
Julian?
the Up age of seven about had at the been that age in
about had
until
Magnetic
Island,
31
Brisbane,
.HS:BS 5/12/96 Assange
Sydney
and
Adelaide,
then
subsequently
when
T13650A
30
DISCUSSION
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
Assange soured,
entered she
into
this
third
relationship, in flee at
which
had and
difficulties forced to to
relationship She
state.
travelled
Melbourne Hamilton
gentleman her,
Kevin
attempted towards
been
physically their
violent
past. He to six
previous of
premises, for a
Adelaide months,
period fled
time, to
period
of
across
Perth
of time and then when Julian was about 14 or back to Melbourne as she where has she been resided in in about
different How
premises long
did pursued
pursue a
Hamilton Is It is that
number
terminated
successfully
terminated
now
but
Julian
was
COPY
18 19
20
forced to - not forced, I withdraw that, Your Honour, but Julian had given evidence in Family Court proceedings in regard between Julian's HIS MR HONOUR: GALBALLY: enormous upon Mrs to his Hamilton mother because and Mr there Hamilton was a custody battle son,
MEDIA
regarding their 21 22 23 24 25 26 27 28 29 30 31 step-son(sic) How Jamie old is is now I and he Jamie. he? think not has 15 years of any lived city age; sins a to he at had all
transient another
lifestyle,
domestically
moving
one
city until the age of about 15 when he comes to Melbourne and we're three in that able or to time, sir, he that schools do 31 his attended he had three different -
calculate different to
probably that by
attended
four
during HSC
time. He of
DISCUSSION
eventually
.HS:BS 5/12/96 Assange
attempted
way
T13650A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17
and
he
was
unsuccessful
in
completing
sir, at 17 into
he
met
his
then
wife,
and
moved a
residence child
together. He had
gifted
programme. He
Melbourne probably a
assessed through
gifted and
programme
residence
together and
he attempted he at was a
to do his HSC by way of in at doing endeavouring the a time course and when at he a has to do
offences college
committed,
computer that.
science
physics
COPY
18 19 20
21 22
has
had
MEDIA
How
Well, I beg
HONOUR:
GALBALLY: Honour;
old
is
he
an
now,
29?
for not that, been Your in any
there's your
explanation He has
pardon.
23
24 25 26 27
permanent
offences Since of that his he
employment
he
because
a
at
the
time
Daniel, he has the and
when
20
these
months. all thing sense
occurred sole
had custody
spent very in a
to that
child
stability
28
29
his
mother
is
able
the
to
give
evidence
and the
that
Mr
Assange
paths or
notwithstanding
intelligence
career
30
31
academic
paths
he
that
has put
he
could
probably
on
choose
and
through
he has
university,
.HS:BS 5/12/96 Assange
his
studies
hold
T13650A
32
DISCUSSION
really
solely
concentrated
on
young
Daniel.
2
3
HIS
MR
HONOUR:
GALBALLY: I
What
know
sort
what
of
computer
he had -
has
I
he
think
got
he
at
now
home?
just
computer
4 5
6 7
has HIS
MR
if
you'd Yes.
just
excuse
me
one
moment?
HONOUR:
GALBALLY: simple
I'm basic
advised, computer.
Your The
Honour,
that
it's
only
just in
computers
that
were
used
8 9
the
commission small
of
these
were of
really the
just
old for
fashioned
computers
motives
10 11 12 13 14 15 16
17
these
offences
was it
that you to
by
leading
onto and
these
major you to
enabled
think in a
heard
about because
the of
position, in a
dispositions, now.
I'm
position
sentence
COPY
MR 18 19
20
his
HIS
reason
not
to
accept
what
you've
said
MEDIA
that. If it please
just one
21
22
MR
MS
GALBALLY:
TAYLOR: Your
Your
matter;
Honour.
I will hand up to you
Honour,
23
24 25
26
now
the
of
transcript
a
of
the
co-accused
The $2,100
was
and
there
is
a
that
matter was
done
reparation B was
order. for
damage
reparation in respect
by both B
order of
and
made
to
against
ANU.
damage
-
the
That
done
27
28 29 30 31
HIS MS HIS MR
oppose
Your
Honour. 33
DISCUSSION
1
2
MS
HIS
TAYLOR:
HONOUR:
I
Just
would
bear
seek
me
that
while I
order,
read
Your
Honour?
Kimm had
with
what
Judge
to
say.
(SENTENCE
FOLLOWS)
COPY MEDIA
T13650A
34
DISCUSSION
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