Computer Crime

Question 1

Accessing Computer System for Dishonest Purpose (1)

Answer 1

ACCESSING COMPUTER SYSTEM FOR DISHONEST PURPOSE - 249(1)(a) & (b) CA 61

• Directly OR Indirectly
• Access any computer system and THEREBY
• Dishonestly OR By any deception
• Without claim of right
• (a) Obtains any property, privilege, service, pecuniary advantage or valuable consideration
• (b) Causes loss to any other person

Question 2

Accessing Computer System for Dishonest Purpose (2)

Answer 2

ACCESSING COMPUTER SYSTEM FOR DISHONEST PURPOSE - 249(2)(a) & (b) CA 61

• Directly OR Indirectly
• Access any computer system accesses any computer system WITH INTENT
• Without claim of right
• (a) Obtains any property, privilege, service, pecuniary advantage or valuable consideration
• (b) Causes loss to any other person

Question 3

Access

Answer 3

ACCESS
Means instruct, receive data from/store data in communicate with or otherwise using any of the resources of the computer system. Most interactions with a computer system such as using a computer at work or remote forms such as using a virus.

Question 4

Computer System

Answer 4

COMPUTER SYSTEM

• A computer or 2 or more interconnected computers
• Includes any communication links between computers/remote terminals or another device
• 2 or more interconnected computers combined with communication links
• Includes parts of the above and related input/output, processing, storage, software and stored data.

Question 5

Difference Between 249(1) and 249(2)

Answer 5

DIFFERENCE- 249(1) V 249(2)
(1) is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss, whereas (2) is directed at someone who actually accesses the computer system with that intent regardless of the result.

Question 6

Interfering with Computer System

Answer 6

DAMAGING OR INTERFERING W A COMPUTER SYSTEM - S250(1) & (2)

• S250(1) criminalises destruction/damaging of computer system and knew it would endanger life
• S250(2) makes offence to damage any computer system and offender must act without authority with knowledge that they aren’t allowed/reckless
• S250(2)(b) the offender arranges or acts of 3rd parties to cause damage to victims computer

Question 7

Accessing Computer System Without Authorisation

Answer 7

ACCESSING COMPUTER SYSTEM WITHOUT AUTHORISATION- S252
- Intentionally accesses, directly or indirectly, any comp system without authorisation, knowing they had no authorisation to access or reckless to that fact.

• Must be accessed for dishonest purpose/purpose other than given access
• Not required to be physically present, remotely