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Question 1

Section 257 Using Forged Documents (a,b and c)

Answer 1

Knowing a document to be forged

a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

b) uses the document as if it was genuine

c) causes any other person to use as if it were genuine

10 years

Question 2

Section 258 (1)(a) - Altering, concealing, destroying, or reproducing documents with intent to deceive

Penalty

Answer 2

With intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person

a) alters, conceals, or destroys any document or causes any document to be altered, concealed or destroyed

10 years

Question 3

Section 258 (1)(b) - Altering, concealing, destroying or reproducing documents with intent to deceive

Answer 3

With intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person

b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document

10 years

Question 4

Define ‘conceal’:

Answer 4

• The actual **hiding ** of a document
• The denial of its existence
• The withholding of it

Question 5

Explain the difference in intent for ‘Forgery’ and ‘Altering or Reproducing a document’:

Answer 5

With forgery, an intent to deceive only is required, not an intent to obtain by deception.

Altering, concealing, destroying or reproducing a document you must prove that the offender intended to obtain by deception

Question 6

Section 259 - Using altered or reproduced document with intent to deceive (1)

Answer 6

Knowing any document to have been made or altered in the manner and with the intent referred to in Section 258

with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit or valuable consideration or to cause loss to any other person

a) uses the document

b) causes any person to use the document

Question 7

What does it mean to ‘access’ in relation to a computer system:

Answer 7

• Instruct
• Communicate with
• Store or receive data
• or makes use of any of the resources of the computer system

Question 8

What does “access” require?

Requires that the person…..

Answer 8

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system

Question 9

What does “computer system” widely include in relation to data?

Answer 9

All related input, output, processing, storage, software, or communication facilities, and stored data.

Question 10

Section 249 (1) - Accessing computer system for dishonest purpose

Answer 10

_ Dishonestly or by deception
- Without claim of right
- obtains property, privilege, service etc or
- causes loss

by directly or indirectly
accessing any computer system
7 years

Question 11

What were the circumstances in Police v Le Roy regarding ‘benefit not limited to financial pecuniary advantage’?

Answer 11

Man was an employee of Telstra Clear and used his position to access the email account of his ex.

A Protection Order was in place and the court held that accessing the email account gave him a meaningful benefit.

Benefit was not limited to financial or pecuniary advantage.

Question 12

What was found in R v Billingsley?

Answer 12

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

Question 13

Section 250 (1) - Damaging or interfering with a computer system

Answer 13

• Intentionally or recklessly
• Destroys, damages or alters
• Any computer system
• If he knows or ought to know that danger to life is likely to result
  10 years