Definitions

Question 1

S/A Computers systems means

Answer 1

• A computer OR
• 2 or more interconnected computers OR
• Any communication links between computers, remote terminals, other device OR
• 2 or more interconnected computers combined with any communication links between computers, remote terminals or other device

AND
include any part of the items described in paragraph (a) and all related input, output, processing, storage, software or communication facilities and stored data

Question 2

S/A Define Access

Answer 2

Means instruct, communicating with, store data in, receive data from, or otherwise make use of any other resources of the computer system.

Question 3

M/C What is the distinction between 249(1) & 249 (2)? Accessing a computer system

Answer 3

The distinction between these two offences 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,
• Section 249(2) is directed at someone who actually accesses the computer system with that intent regardless of the result.

Question 4

S/A Documents

Answer 4

Anything that provides evidence, information or serves as a record.

Question 5

S/A Obtains

Answer 5

To obtain or retain for oneself or another person

Question 6

Attempt - elements

Answer 6

Everyone who having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt e regardless of whether in circumstances it was possible to commit the offence.

Question 7

Other than oral what other ways can False representation be made?

Answer 7

An omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to do so.

A fraudulent device, trick or stratagem

Question 8

S/A Continuing representation

Answer 8

A representation whether by words, conduct maybe out out of continuing effect.

Question 9

S/A What is the definition of false representation?

Answer 9

A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
(i) knows that it is false in a material particular; or

(ii) is reckless as to whether it is false in a material particular
Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.