Where a police officer's unauthorised access to police computer systems results in the disclosure of information that exposes a member of the public to a risk of harm, the offending is qualitatively different from cases involving mere curiosity or personal benefit, and a custodial sentence (even if wholly suspended) is within the proper exercise of sentencing discretion. Sentencing patterns from Magistrates' decisions involving less serious instances of s 408E offending cannot be used as a yardstick where the offending involves exposure of a community member to risk of harm.
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