Computer Crime

Question 1

Define Computer System (S248)

Answer 1

computer system —
(a) 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 device; 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

Access in relation to any computer system, means?

ICSRU

Answer 2

instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Question 3

Accessing computer system for dishonest purpose

Section 249, Crimes Act 1961

Answer 3

(1) directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—
(a) obtains BPPSPAVC or
(b) causes loss to any other person.

(2) directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—
(a) obtains BPPSPAVC or
(b) causes loss to any other person.

Question 4

Damaging or interfering with a computer system

Section 250, Crimes Act 1961

Answer 4

(1) intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.

(2) intentionally or recklessly, and without authorisation
- damages, deletes, modifies, interferes, impairs any data or software in any computer system;

• causes any computer system to— (i) fail; or
  (ii) deny service

Question 5

Accessing computer system without authorisation

Section 252, Crimes Act 1961

Answer 5

The offence requires the defendant to have intentionally gained access, directly or indirectly, to a computer system where access to that computer system has not been authorised.