Computer Crime

Question 1

Accessing Computer System for Dishonest Purpose
Sect 249
Crimes Act 1961

Answer 1

Sect 249 (1) 7yrs

• directly of indirectly
• accesses any computer system and
• THEREBY dishonestly or by deception and without claim of right
  (a) obtains any property, privilege, service, pecuniary advantage, valuable consideration, benefit OR
  (b) causes loss to any other person

Sect 249(2) 5yrs

• directly or indirectly
• accesses any computer system with INTENT dishonestly and without claim of right
  (a) to obtain any property, privilege, service, pecuniary advantage, valuable consideration, benefit OR
  (b) to causes loss to any other person

(3) in this section deception has the same meaning as in section 240(2)

Question 2

What is the difference between sections 249(1) and 249(2)

Answer 2

The distinction between the tow is reflected in the words “thereby” and “obtains”.

249(1) - person has actually accessed a computer and obtains the offending material or causes loss

whereas

249(2) - person has actually accessed the computer system with that intent regardless of the result

Question 3

Damaging or Interfering with a Computer System
Sect 250
Crimes Act 1961

Answer 3

Sect 250(1) 10yrs

• Intentionally or recklessly
• destroys, damages or alters any computer system
• He/she knows or ought to know that danger to life is likely to result

Sect 250(2) 7yrs

• Intentionally or recklessly
• Without authorisation
• Knowing that he/she is not authorised or being reckless as to whether or not he/she is authorised -

(a) damages, deletes, modifies or otherwise interferes with or impairs any data or software in any computer system OR
(b) causes any data or software in any computer system to be damaged, deleted, modified or otherwise interferes with or impaired OR

(c) causes any computer system to -
(i) fail OR
(ii) deny service to any authorised users

Question 4

What is the difference between sections 250(1) and 250(2)

Answer 4

250(1) criminalises the destruction, damaging or altering of a computer system that the defendant knows of ought to know would endanger life

250(2) makes it an offence to damage ect any computer system and adds the requirement that the defendant must ACT WITHOUT AUTHORITY with the knowledge they are not authorised or reckless to authorisation

250(2)(b) directed where the defendant has arranged matters that the victims own operation of his/her computer system or the acts of third parties will cause damage

Question 5

Accessing Computer System without Authorisation
Sect 252
Crimes Act 1961
2yrs

Answer 5

Sect 252(1)

• Intentionally accesses
• Directly or indirectly
• Any computer system without authorisation
• Knowing that he/she is not authorised to access that computer system, or being reckless as to whether or not he/she is authorised to access that computer system

(2) subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access

(would be offence under s249 if dishonest purpose involved)