Computer Crime

Question 1

Elements Of:

Accessing Computer System for Dishonest Purpose - Section 249(1)

Answer 1

7yrs

• Directly or indirectly accesses any computer system and thereby
• Dishonestly and Without Claim of Right
  (A) Obtains any BPPPSVC
  (B) Causes Loss to any other person

Question 2

Elements Of:

Accessing Computer System for Dishonest Purpose - Section 249(2)

Answer 2

5yrs

• Directly or indirectly accesses any computer system and with intent
• Dishonestly and Without Claim of Right
  (A) Obtains any BPPPSVC
  (B) Causes Loss to any other person

Question 3

Elements Of:

Damaging or Interfering with a Computer System - Section 250(1)

Answer 3

10yrs

• Intentionally OR Recklessly
• Destroys, Damages or Alters any computer system
• If he or she knows or ought to know danger to life is likely to result

Question 4

Elements Of:

Damaging or Interfering with a Computer System - Section 250(2)

Answer 4

7yrs

• Intentionally OR Recklessly
• Without Authorisation
• Knowing they are not authorised or being reckless as to that
  (A) Damages, deletes, modifies or otherwise interferes with any data or software OR
  (B) Causes any data or software in any PC to be damaged or deleted or modified OR
  (c) Causes any PC to fail or deny service to authorised user

Question 5

Elements Of:

Accessing Computer System without Authorisation - Section 252(1)

Answer 5

2yrs

• Intentionally accesses Directly or Indirectly
• Any PC without authorisation
• Knowing they are not authorised

Question 6

Question

What is the difference between Sections 249(1) and 249(2)?

Answer 6

249(1) - Accesses the PC, obtains the offending material or causes loss.

249(2) - Accesses the PC with the intent to obtain the offending material or cause loss regardless of the outcome.

Question 7

Definition

Loss (Computer Crime)

Answer 7

The person who suffers the loss does not have to be aware at the time.

Question 8

Question

What are the distinctions between 250(1), (2) and (2)(b)?

Answer 8

Essentially Wilful Damage with:

250(1) - Destroy, damage or alter the PC which would cause danger to life.

250(2) - Damage any PC without the authority of the owner

250(2)(b) - Defendant arranges that the PC is damaged by the Victim operating it or a third party.

Question 9

Definition

Offending carried out from remote PC

Answer 9

A person is not required to be physically present in order to access a computer system i.e. virus using the internet.

Question 10

Definition

Access

Answer 10

Instruct, communicate, store or receive data or otherwise use.

Question 11

Question

For a charge of 249(2) accessing for dishonest purpose, what intent must be proved?

Answer 11

The suspect obtain BPPPSVC OR Caused loss to any person.