Progress test 2

Question 1

Define the term ‘access’

Answer 1

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 2

Explain what actions would involve accessing 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

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

Explain the distinction between offences under sections 249(1) and 249(2)

Answer 4

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

249(1) is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss,

249(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