Define the term ‘access’ under s248
In relation to any computer system means to instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.
Explain what actions would involve accessing a computer system.
Access requires that the person communicating with the computer system has some form of connection with the computer system which communications may pass.
For a charge of accessing a computer system for dishonest purpose under s249(2) to be successful, what intents must be proved?
- that the offender obtained any property, privilege, service, PA, benefit or VC
- or caused loss to any other person
Explain the distinction between offences under s249(1) and s249(2)?
- s249(1) is when the person has actually accessed a computer system and obtains material or causes loss.
- s249(2) is where someone accesses the computer system with that intent regardless of the result.
Describe a situation when a person may not be physically present at a computer to access it.
A person may not be physically present at a computer but can gain access to it via a software that remotely infects computers.
