Computer Crime

Question 1

The term computer system is defined in S 248CA61. State the definition.

Answer 1

Computer system means:

(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other devices; and

(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data

Question 2

Define access when it comes to computer offences

Answer 2

The term access in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Question 3

Outline the distinction between S249(1) and S249(2)

Answer 3

The distinction between these two offences is relfected in the words ‘thereby’ and ‘obtains’
249(1) is directed at the situation where a person has actually accessed a computer system and obtains the offending material or causes loss
whereas S249(2) is directed at someone who actually accesses the computer system with that intent regardless of the result