Computer Crime

Question 1

Define access (in relation to a computer system) (Important)

Answer 1

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

Question 2

Access requires some form of what with a computer system?

Answer 2

Connection

Question 3

Define a computer system (Important)

Answer 3

Means:
- a computer
- 2 or more interconnected computers
- Any communication links between computers or to remote terminals or another device
- 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device, and

Includes any part of the items described in paragraph (1) and all related input, output, processing, storage, software, or communication facilities and stored data

Question 4

Discuss the definition of “computer”

Answer 4

This is not defined in legislation. The courts will consider the ordinary usage of the device at the time of the offence

Question 5

What is the offence of Accessing Computer System for Dishonest Purpose (s249)?

Answer 5

1) [7yrs] - directly or indirectly, accesses any computer system and thereby, dishonestly or by deception and without claim of right:
- obtain any P/P/S/P/B/V
- Cause loss to any other person
2) [5yrs] - Directly or indirectly, accesses any system with intent, dishonestly or by deception and without claim of right:
- obtain any P/P/S/P/B/V
- Cause loss to any other person

Question 6

What is P/P/S/P/B/V

Answer 6

Any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration

Question 7

Discuss the differences between s249(1) and s249(2)

Answer 7

Both cover when someone accesses a computer system, but (1) relates to when the obtaining or loss is actualised, and (2) regardless of the result.

Question 8

What did Police v Le Roy cover in relation to benefit?

Answer 8

Benefit is not limited to financial or pecuniary advantage, namely accessing a ex-partners email account when they are protected by a protection order is a benefit.

Question 9

What did R v Billingsley cover in relation to loss?

Answer 9

The person who suffers loss does not need to be aware of the loss at the time of the offence

Question 10

Broadly discuss the offence of Damaging or Interfering with computer system (s250)

Answer 10

1) criminalises destruction, damaging and altering of a computer system if the defendant knows or ought to know if would endanger life
2) criminalises destruction, damaging and altering any computer system when done intentionally or recklessly without authority, and they know or ought to know they were not authorised

Question 11

Does s250 include when someone gets some 3rd party to do the damage to a computer system?

Answer 11

Yes

Question 12

Discuss the offence of Accessing Computer System Without Authorisation (s252)

Answer 12

Intentionally access, directly or indirectly, any computer system without authorisation, knowing or being being reckless whether or not they are authorised to do so

Question 13

Does s252 apply if a person does have access to a computer system but accesses it for a purpose other than the one for which they were given access?

Answer 13

No

Question 14

Does a person need to be physically present to access a computer system?

Answer 14

No, a virus or bot net is sufficient