Computer Crime II

Question 1

Accessing Computer System For Dishonest Purpose (2)

Section and Elements

Answer 1

(2) Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—
(a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) to cause loss to any other person.

Question 2

What is required to ‘access’ a computer system

Answer 2

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass

Question 3

For a charge of Accessing a Computer System for Dishonest Purpose under Section 249(2), to be successful, what intents must be proved.

Answer 3

For a charge of Accessing a Computer System for Dishonest Purpose under Section 249(2), to be successful, it must be proved that the offender:

(a) obtained any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) causes loss to any other person.

Question 4

What are the distinction between these offences under Section 249(1) and 249(2)

Answer 4

The distinction between these offences under Section 249(1) and 249(2) is reflected in the words “thereby” and “obtains”.
Section 249(1) is directed at the situation where a person has actually accessed a computer system, 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.

Question 5

Describe a situation when a person may not be physically present at a computer to access it.

Answer 5

A person may not be physically present at a computer but can gain access to it via software that remotely infects computers.

Question 6

Distinction between s250(1) and s250(2)

Answer 6

The offence created in subsection (1) parallels the more serious forms of arson, wilful damage and endangering transport, which also have the element of endangering life.

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

s250(2) makes it an offence to damage etc any computer system and adds the requirement that the defendant must act without authority with the knowledge that they are not authorised or are reckless whether they are authorised.