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TRANSCRIPT

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. Thank you.

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,

contrary was Count

Sub-Section one count

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

Commonwealth Crimes Act, to

computer Count the seven 14; law

contrary one of

Paragraph of obtain of data

count

relating Count using counts

enforcement of of 15 insert a and

the into

Commonwealth, a computer were of erase

20; the 4,

counts

facilities 5, 6, 8, 10,

carrier,

which

17; three counts

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,

counts of alter 26, 27 and 28; 11,

count one

interrupt of

the

computer,

Count

defraud, remaining an

29. The

applicant

pleaded On

the May,

counts. was entered by direction on

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

unnecessary, consideration and 2

these

questions of

reserved full to be court

determination adjourned this year, to the on

court. fixed. no and

The trial On order on

plea were of

a date full

October

made

the the Did

questions matter back

reserved to this

the

case

stated,

remitted the HIS


MS

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

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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

TAYLOR: HONOUR: will

That's Those clear six the

correct. counts to which will are has you it? a number of already been counts on made reference, that

presentment,

MS TAYLOR: which HIS MS

That is a

right, and there acquittal

directed

entered.

HONOUR: Yes. TAYLOR: Your if Honour, that is I of have prepared to a summary of the

indictment HIS MS

assistance

you.

HONOUR: Yes. TAYLOR: I hand that up, as need will

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

currently arraignment HIS HONOUR: 7, The

entered will accused 12,

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

.HS:BS 5/12/96 Assange

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

suggest judge dealt Your

been

who

activities

with

same

TAYLOR: Yes, actually B, was

Honour. by -

Those

two

dealt

with

different -

judges.

offender,

sentenced are only

HIS

HONOUR: We to be pretty a

compounding

the

problem. This were so? are

seems with

network, the so,

does it not, and they same but offences; it is that

charged

much

MS

TAYLOR: It is

is also not so. There

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

co-accused. imposed? sentenced


the charges

What In
1995

were

penalties B, who was

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

HIS MS HIS MS HIS MS HIS


MS

HONOUR: TAYLOR: HONOUR: TAYLOR: HONOUR: TAYLOR: HONOUR:


TAYLOR: The

It It 76E

must is is E

be that 10

then. carries the maximum.

years.

That's Section Yes, E is

correct. 10 applies, Honour. years, D two and


a

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. a summary of the offences that

HONOUR: the

Yes.

have

other

accused to hand up

faced? to Your Honour. I can

MS

TAYLOR: Not certainly

HIS HONOUR: do MS

Would you read that into that?

the

transcript if you can

TAYLOR: Yes.

Your Honour, B pleaded guilty to one count of

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

Commonwealth of obtaining law of the

computer access to

contrary data

s.76C(a), to the

relating the

enforcement of of a

of

Commonwealth to

using

facilities four the counts

carrier data

contrary from a

s.76(d)(2)(b)(3), system using seven the

erase of a data

computer to

facilities of

carrier into a

contrary computer to in

s.76E(a), system using four

counts

insert of a

facilities of being

carrier

contrary

s.76E(a), Julian to s.5,

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

76B(2)(b)(8) His sentence, to be respect Act. HIS HONOUR: that MS HIS


MS

and

76D(2)(b)(8). convicted him by for B and, without the sum passing of years the $500 in

Honour released good all

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

Honour. happy with


It

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

period Act. that

three not was the

years

pursuant C, His of this

Crimes

convicting the

Honour three

explicitly offenders. prisoner

recognised HONOUR: sits

junior say

the

Where amongst

Crown

accused

them? 6
DISCUSSION

.HS:BS 5/12/96 Assange

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

they HIS HONOUR: to 10

also Why years this

pursued does for a the this

their

own

hacking propose

activities. penalties of up

Commonwealth sort of

offence? It seems to me and sustained onslaught of

that on

was

very at the

determined Royal

the

computers and

the

Melbourne National

Institute

Technology, did Judge MS TAYLOR: matter as That and Lewis

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

administrators retrieved was

systems, gain

personal

for any other simply skill, account an and by

benefit. and

motive behind to show

hacking computer into two

arrogance those Their

desire were in

factors Honours

certainly the

taken other

sentencing

co-

accused. HONOUR: view? TAYLOR: Certainly,


T13650A

Do

the

same

considerations

apply

here

in

your

would

concede 7

that

the

prisoner

is

.HS:BS 5/12/96 Assange

DISCUSSION

1 2
3 4 HIS MS

look/see

hacker, to

but you We at

had the

intended appropriate what one Mr

to

make time as

some to has if penalty. to I say. can

submissions HONOUR: TAYLOR:

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

Crimes HIS HONOUR:

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

HONOUR: TAYLOR: HONOUR:


TAYLOR:

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

.HS:BS 5/12/96 Assange

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,

prisoner. both B and C

The was dealt

summary with

offence by this to

charged court

against

exercising of has the

summary Crimes that by

jurisdiction Act.

pursuant

s.359AA my office Act of

Victorian advice

Since that of the

time,

received the

sub-s.68(3) a Victorian to

Judiciary court

prevents summary

exercise

superior a

jurisdiction

with

respect

federal so

offence. that the matters may to be that to finally matter s.16BA

Consequently, determined, being of HIS MS HIS taken the into

prisoner account Act is and the

has on -

consented sentence -

pursuant

the

Crimes What The Being

HONOUR: TAYLOR: HONOUR: with TAYLOR: Your

difference? as distinct from dealt

difference taken into

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 -

TAYLOR: That HONOUR: TAYLOR: The -

correct. do nothing says will the been a about that be court it. the maximum penalty

section

certainly

for the offences be if the no maximum other Section in

of which he penalty that had

convicted will still could have imposed

offence 16BA does to

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

which TAYLOR: HONOUR:

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

context has been

of

the

other is that

offenders, all the

but, other

essentially,

said

30 31

offenders Honour.
.HS:BS 5/12/96 Assange

It

they

have

all that

acted what

independently, has occurred is

Your that

appears

T13650A

10

DISCUSSION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17

throughout with each of people and

their

activities

they

have

come

into

contact

other, and who

it is an elite or a involved in this that have these

particular group type you of activity have

have been

through

the

telephone Honour, not read

intercepts you the would have had all

would

perused, HIS HONOUR: last MR GALBALLY: may HIS MR I

Your have 17

seen papers

that. came up

night, You

volumes. I not what have is

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

conversations Assange, those there the

offender,

and

prisoner

before

you. Essentially, in is my submission

what is that within

communications is neither one

demonstrate person who

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

accepted follow say so, and

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

became your your

aware -

intercepts

were

client

the

in the material up with jump GALBALLY: that it if about

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

spread become that hot on

between the or

themselves. My jig was up, were 11

client if I

may could who

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

their HIS HONOUR: you and for,

trail The got

through difficulty people to

the there are

intercepts is, you

at

that stage,

see, into

have I am if

who accept the

hacking for of

these

computers, gain just

bound you

not

any it, the all

personal but when

like, are

thrill

sensitive for well, is and the the you

individuals detection, jig's up,

confronted view,

with

potential right,

on

one

they stop is the

say,

we'd goes

better on -

this. But what happens as I understand it

enterprise can try

that -

disabuse me of this and find a way of is

enterprise goes on and they one jump ahead part of of the

keeping the

authorities. wrong MR GALBALLY: in HIS MR this about Not

That that?

troublesome

this. Am I

entirely,

Your

Honour. If I may address

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

addressing parcel sense the HIS of that person

point. the cat

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,

investigation things they

concern? are the et

I see one of the examination cetera. behaviour, of and I results or

potential I

examination think this some is

results very

troublesome at the

register I am is

surprise one

disposition

Judge all I

not, for registering

moment, criticising and that on is

him; a

surprise, you

very

powerful GALBALLY: I

argument will be

that adopting

have

this in

plea. due course,


DISCUSSION

that 12

argument

.HS:BS 5/12/96 Assange

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

old, sir, and and terms offences done

there that of

will be he is

submissions made now an entirely and his and, of can

rehabilitation person of he in the has

different

social he

maturity has

understanding in his just which fact, what

that the than of

committed as if

for

community that, sir,

part I

rehabilitation, draw I you think, to in

but, one my

more part

the

deposition is

material Mr

submission,

significant,

Assange HIS HONOUR: MR GALBALLY: and HIS I

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.

of interview. second last He December HIS


MR

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,

.HS:BS 5/12/96 Assange

T13650A

13

DISCUSSION

1 2 3 4 5 6 7 8 9 10
11

will his gives the into. what

see

that

he

has given Every to. He

an extremely that

candid account he is what asked, he did

of he to

activities. an answer

question explains

exactly

best of his ability and He is purpose that Your Yes,


He

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

address plea, of HIS


MR

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

needed". from that, Your there on a Honour, second that Mr

One can take Assange has gone

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

interview. 1994 in respect of this

He is not charged until offence. HONOUR: charges I can in a of understand some case like

difficulty

formulating

this. It that is I undoubtedly a have had

GALBALLY: Yes, complex

course, Your Honour. and I must 14 say

matter,
T13650A

.HS:BS 5/12/96 Assange

DISCUSSION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17

difficulties However, that my

myself client stage,

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

different person, sir. intelligent and, Yet, in to person all a

obvious that looks

he is a highly the material people.

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,

anything before the

delay Full Act, Mr at

proceeding. The of that is the is Supreme nothing

stated and, be have

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

would have been a

nightmare, GALBALLY: avoiding


.HS:BS 5/12/96 Assange

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

account. since the into being


6,

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

prior and had

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

Honour, his HIS


MR

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

that has put

from on

site users

material T13650A

many

.HS:BS 5/12/96 Assange

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

those HIS HONOUR:

things. Does No, sir, he that receives he has he get paid for that? well, in from time to regard to the all in

MR GALBALLY: time, work of this

he doesn't some small

receive

remittance to it, see that

produced on that you pays that

but, that

essentially, is contained

the

material

will for

folder,

nobody

user in

service. Mr later life that,

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

structure of wish to give

the some

plea

will be

as

follows, in

sir, regard

is that I to

detailed background as of a child. the plea will

MrAssange's

formative the -

years

Essentially, his HIS HONOUR: other MR


HIS

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

Your will most

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

.HS:BS 5/12/96 Assange

T13650A

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20

particularly director I would was

in

the

case

of about

first an

offender,

if

the

enthusiastic to be

alternate that there

disposition, were very

have

persuaded would My

significant MS

differences,

not?

TAYLOR: You would, deterrence will have I judges to is to follow of

Your Honour. most weighty

submission will be that that Your Honour

the

factor

give. that, but I who cannot are ignore the fact of that the

HIS

HONOUR: two need have

this

court that

well in

appraised appropriate

incorporate the Your of of

principle they

cases

taken Yes,

view Honour,

that my

have. will be that by the

MS

TAYLOR:

submission not be

principle imposition custodial HIS HONOUR: a MS HIS gaol But

parity a

will

offended but a

the

custodial

sentence

suspended

sentence. that involves me stipulating that it requires

sentence.

COPY
that the sentence isn't that if the offence is served is punishable glance computer of

TAYLOR: Yes. HONOUR: preceded by a if I mean, the fact

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

offenders whilst you

and,

suppose, it

identify

quite the

number usage

counts, these had men to

probably of

does

not

approach and that the they

that they if

had

their

computers

access that broke

the the

various right Your if, in

computers

into

that's

terminology. Honour, fact, gain it Mr 20 that's the three was correct. of it them your are not doing

TAYLOR: Yes, HONOUR: that And for

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:

think Yes; of if the

it

was is

mine, the which some

Your

Honour. then my at

that

motivator is one I

understanding times imposed deeply papers really this MS I am but

principle soured by

believe, that law, are so

quite it is

penalties in our

so and

deeply my you

entrenched is

entrenched and the just

feeling and

that Mr -

having Galbally,

read that B

the

heard

heard the

discrimination is inclined

between to Your be

certainly

and

accused my

marginal. that far in is not so. The of

TAYLOR: In computer those

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

on that later on. shorten MS TAYLOR: these Your

I just

I might

able

proceedings. I will say this, the Crown does

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

this court with two bound by parity. in trying

deterred but also if as it were none and

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

impressed not for the that

the

fact

the

access the

the computer was dare I say it was impressed before a by I

personal

gain, it was for arrogance; to this so, read

thrill, the and I want

if Judge Lewis his sentencing but I be

remarks just get

finally if I

sentence may say

accused that you

,whiff

will

struggling

to come up in the case in this case which

of first so

offenders with

ingredients distinguish it
.HS:BS 5/12/96 Assange

significantly

to enable me to say that one of the Judges 21


DISCUSSION

T13650A

1 2 3 4 5 6 7
8

of

this

court

really

has if

imposed the

manifestly did not

inadequate complain

sentence about MS TAYLOR: part quite HIS


MS

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

co-accused suspended look/see

respect

those were

three

co-accused, and they were

custodial hackers HIS HONOUR: members facts, that

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

network, may not

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

particular principle MS TAYLOR:

subservient

parity. Honour; the difference the if I may and just the

Yes, in

Your my

summarise, other HIS HONOUR: you two Do

submission, this all,

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

substantial. Telecom the he had

The

computer 11,000 over

network computers 1,000 HIS HONOUR: millions MS TAYLOR:

belonging attached

Northern it and -

about

prisoner

obtained

password This of is

files by

this

technique until

used hit

of

throwing one? wrote a

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

some his this and

months

before

the

Systems

Administrators HONOUR: computer accessing what is Can

detected you is answer

presence. question; people the how are when the

system it the are

working doing so

that

lawfully to is or

what's gets

stimulus there Can

indication entrant into

one the

that

some

unauthorised that MS TAYLOR: called


.HS:BS 5/12/96 Assange

computer?

you

answer

question? My understanding System of that is that there who has is a person

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

system. The the it. that

hacking to the

done

by

the that

prisoner people HIS HONOUR: question; using does MS TAYLOR: the

didn't couldn't Yes, if I

disrupt use

computer

extent

understand rolling the -

but merrily

and and they

that's everyone want,

my is how

it's

along

and

getting know are

information procedures

that

anyone There

auditing of,

which that

don't

know

technicalities intrusions. Yes.

Your

Honour,

can

discover

these HIS HONOUR:

Well, the information is going to an telephone don't an it number the or something of but that sort? -

authorised MS HIS MS TAYLOR: HONOUR: TAYLOR: I Or Yes,

know

specifics computer. along

unauthorised would be the

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

relates him to and

to this; the

of them got very able to cause

catching system Wang

prisoner that

was

the from

computer the of is core the -

exclude he

System

Administrator that in is
the

therefore Your

interrupted Honour, you

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

.HS:BS 5/12/96 Assange

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

HONOUR: brought enough. Canadian but the fact

I it

don't to

think my

that's

enough. I but I

mean,

you've that's our occurring by of from A, the the and

attention just a be

don't

think

It

seems

variation. I concerned Lewis

suppose that

friends I

would suspect of the

about was

generally background that

Judge

impressed

prisoner, into view, by the

the

acceptance was

this

entry of done

computers

criminality probably, that they

point

absolutely someone less

mischievous the cent

probably were under you

without 33 per

awareness for the

facing s.10. read

10

years

discount

Could Judge Judge

me

the

sentencing

remarks

made

by

Lewis, Lewis

the

significant want to

sentencing read them but

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

summaries for be for the

listening it I

counsel my it view is

prosecution conviction in of that this

and should case

accused, but

recorded the B of

appropriate the course

reasons be

indicated

during his a in

argument he will

that be

released

upon for

undertaking period that the of he sum

good

behaviour

three years and that he will of pay to the

will make

reparation

Australian

National

University

$2,100." Honour, the transcript are 25 more of the argument remarks in

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

recognised those, would

that. Would

that

be

off

assistance

Your Honour? be grateful if you could pass want them to on to

will read them in this. Your to Honour, s.10. I s.10 I may

due course. I

think

have make

mislead it

you

before; that with does

you the not

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

remission that the

sentence of got

available the

State of

court those

practice has

acknowledging to MS TAYLOR: case HIS HONOUR: have be

abolition

remissions

followed. Yes, I Your Honour, I in fact,

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

Galbally, should get


path

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

.HS:BS 5/12/96 Assange

T13650A

26

DISCUSSION

1 2 3 4 5 6 7 8 9 10 11 12 13 14
15

think

the of

points this the

that case

were are

raised such

by

Ms would by

Taylor cause

in me

the to

context depart MR GALBALLY: however HIS HONOUR: into MR

that made

from Your if I

disposition I'm

Judge that

Lewis.

Honour, may the

grateful say this it's

for like -

indication;

just

going back

Sometimes the Lion's I'm but if

counsel, to for

Daniel

den

get

his

coat. too, Your

GALBALLY: Honour, to Mr

thankful I can

that

indication

just

make

this

remark. In

addition

Assange's the COURT COURT

background court, ORDER ORDER


14

material

that

want

to

put

before DELETED DELETED


DELETED

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

particular such things at will

harm, as

particular

access and

potential and the I

examination know laid the -

questions and we eyes

results never

the know in was

RMIT what these not

don't

probably upon

prisoner but

his

which

reposes that it

computers used that other for there

Commonwealth purposes, no evidence

accepts the

malevolent is just of

Commonwealth there was

accepts anything and say the surf

that

than of these would

sort being

intelligent to -

inquisitiveness the I I am expression bound the to

pleasure through that of I

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

GALBALLY: Yes, the

Honour.

Once

again,

grateful

for

indication. I think you family you

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

evidence. A stems back

Assange's

background

really

to his mother he has

and it is from have

relevant in this sense, sir, that a moved young from child town and to the to throughout town, from his

affectively, life, they

entire

State to State, and I will go through and, in effect,


T13650A

reasons why give a coherent


DISCUSSION

Mrs

Assange 28

is

unable

.HS:BS 5/12/96 Assange

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

that she is you,

she has resided in but of has the view that at

she is able to testify that Assange, the prisoner

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

qualifications? at young all. In boy and a

has what

formal

qualities

reality, sir, travelling from

has happened is to State and

that as a school his to

from

State to

school

country

town

country age

town

mother

purchased 13 or 14. and a

computer for him That only computer, in

at the

of approximately his only

effect, with man the and

became

friend is

his

interaction young

outside one can

world. He imagine the

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

sometimes spending was reach -

spending six

months

school,

months

another time to

school. time; when he would be

ostracised

from

a new community he the colloquial

would be

ostracised, to be

he would

I suppose

expression is only was use had

picked on, in His life or

he would his in own fact, she

be bullied and bed rock in

his

real saviour computer. computer an

life him that to

this the

mother, at some

encouraged realised

and

stage

it 29

become

addictive
DISCUSSION

.HS:BS 5/12/96 Assange

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

background a very home

intelligent when she

lady years

away

effectively

from

6 7

age

and

moved and

to fell

Sydney. pregnant

She in

came her

from early

an 20s

academic and had

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

time. the with in prisoner? the prisoner. The

HONOUR: GALBALLY: prisoner after and

No, he has had no contact was born in Mrs Queensland, Assange

Townsville. Shortly into a relationship

that married

event a Mr

entered

Brett was

Assange. That approximately

relationship aged seven. He

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

alcohol and that

that Almost

basis that Mrs Assange immediately entered the into of if after a the

relationship. ceased with Before a Mrs

relationship relationship Hamilton. say HIS


MR

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

Julian round Julian

approximately seven, resided eight. at

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

Mrs soon that to the

Assange soured,

entered she

into

this

third

relationship, in flee at

which

had and

great she was down to,

difficulties forced to to

terminating from one state stage, to her

relationship She

state.

travelled

Melbourne Hamilton

gentleman her,

attempted he had had

Kevin

attempted towards

contact in she the fled

been

physically their

violent

past. He to six

ransacked for and a

previous of

premises, for a

Adelaide months,

short then she

period fled

time, to

period

of

across

Perth

for a period 15 four HIS MR HIS MR she came

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

refuges. her? of years.

HONOUR: GALBALLY: HONOUR: GALBALLY:

did pursued

Hamilton her for now?

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

difficulties Assange but

placing really from

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

correspondence that. At an Christine, met been the year

and

he

was

unsuccessful

in

completing

early age, they through out he at had

sir, at 17 into

he

met

his

then

wife,

and

moved a

residence child

together. He had

Christine assessed fact that

gifted

programme. He

Melbourne probably a

University never spent

notwithstanding longer than a

in one classroom on as that being a

consecutive basis, child they himself moved into and

he was he met her

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

correspondence, that and then were in

unsuccessful later he stage was and

these TAFE not

offences college

committed,

computer that.

science

physics

completed HIS HONOUR: MR GALBALLY: no - - HIS


MR

COPY
18 19 20
21 22

Has he No, sir,

been in any employment? not from my instructions. He

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

young of the give was

child child the

getting time never

spent very in a

endeavouring had and

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

offences and one

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

computer sites, move HIS HONOUR: find from I myself one

gave site I've

the power another. enough mainly to

enabled

think in a

heard

about because

the of

background. I the your previous client

position, in a

dispositions, now.

I'm

position

sentence

COPY
MR 18 19
20

GALBALLY: Do you wish me son, Your Honour. HONOUR: about I have no

to tender these reports about

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

HONOUR: TAYLOR: HONOUR: GALBALLY:

Two One Do No,


T13650A

thousand hundred you

dollars. that order, Mr Galbally?

oppose

Your

Honour. 33
DISCUSSION

.HS:BS 5/12/96 Assange

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

.HS:BS 5/12/96 Assange

T13650A

34

DISCUSSION

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