Progress Test Two

Question 1

Define the term ‘access’ under s248

Answer 1

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.

Question 2

Explain what actions would involve accessing a computer system.

Answer 2

Access requires that the person communicating with the computer system has some form of connection with the computer system which communications may pass.

Question 3

For a charge of accessing a computer system for dishonest purpose under s249(2) to be successful, what intents must be proved?

Answer 3

• that the offender obtained any property, privilege, service, PA, benefit or VC
• or caused loss to any other person

Question 4

Explain the distinction between offences under s249(1) and s249(2)?

Answer 4

• 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.

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 a software that remotely infects computers.