Crime — Sentence — Commonwealth offences — Using equipment connected to a network to commit a serious offence — Smishing — Cell site simulator
Quick Take
1Smishing offences using cell-site simulators to broadcast fraudulent text messages represent serious examples of offending under s 474.14(2) of the Criminal Code (Cth), warranting significant weight being given to general deterrence given the prevalence of such scams, their difficulty of detection, and their capacity to undermine public confidence in banking and telecommunications systems.
2An offender who operates a cell-site simulator with autonomy over targeting areas, control over message volume, and regular engagement with co-offenders on effectiveness occupies a role above that of a mere courier, even where the offender did not plan the operation or directly share in the fraudulent proceeds.
3Financial stress and a desire to recoup investment losses do not provide meaningful mitigation for deliberate, sustained participation in sophisticated telecommunications fraud where the offender acted voluntarily, with full knowledge of the wrongfulness and likely harm of the conduct.
