COMPUTER CRIMES CHAPTER 2

CONTENTS
Definition
Section 3 of CCA
Section 4 of CCA
Section 5 of CCA
Other sections
 DEFINITION
“COMPUTER”
•Section 2(1) of CCA 1997.
•An electronic device for storing and
processing data.

•Computer crime?
 Hacking
DEFINITION
Spam Virus

Examples
of
computer
crime
Pharming DDos

Phishing
 DEFINITION
“HACKING”
•The gaining of unauthorized access to
data in a system or computer.
•Reason(s):
•For fun- “the thrills”
•Greater goods
•Malicious intentions
•Examples:
•RBS Worldpay Heist
•Vitek Boden
•Iran Nuclear Attack
SECTION 3 OF CCA 1997
What it is for?
•Unauthorized access.
Elements:
1. Causes a computer to perform any function (actus reus).
2. At the time he causes the computer to perform any function, it
must be coupled with intention to secure access (mens rea).
3. The access is unauthorized.
4. He has that knowledge.
SECTION 3 OF CCA 1997
Related section:
•Section 2(5)-unauthorized
Cases:
•R v Gold and another [1988] 2 ALL ER 186
•DPP v Bignell [1998]
•R v Bow Street Metropolitan Stipendiary Magistrate, ex parte
Government of the USA [2000]
•Creative Purpose Sdn Bhd & Anor v Integrated Trans Corp Sdn Bhd
& Ors [1997] 2 MLJ 429
COMPUTER FRAUD
•To describe stealing money or property by means of a computer.
•Examples:
•Money, cheque, credit cards, evade debt or liability.
•Involves dishonestly giving instructions to transfer funds.
•Using forged bank account details.
•Similar offences such as obtaining property or services by deception,
false accounting, false statements, cheating.
TYPES OF COMPUTER FRAUD
Data Fraud
•Altering or damaging a company’s
data files; or copying, using, or
searching the data files without
authorization.

Input fraud
 unauthorized alteration of data prior
to it being input into a computer

Output Fraud
•Printed reports generated by computer
systems (must be printed)
TYPES OF COMPUTER FRAUD
Output Fraud
•Printed reports generated by
computer systems (must be printed)

•These reports may be suppressed

either by destroying or not printing
them out or altering them such as
to hide something (mens rea)

•Example: to conceal information

such as secret profits.
SECTION 4 OF CCA 1997
What it is for?
•Unauthorized access to commit further offence.
Elements:
1. Fulfill section 3 (unauthorize access)
2. Committing further offence:
 Fraudulent intention
 Dishonesty
 Causes injury
SECTION 4 OF CCA 1997
Related section:
•Penal Code 23+24, 25, 43, 44

Section 23, 24 and 43 of PC (dishonesty)

•The term is used here in relation to property
•Taking property by unlawful means
•Not legally entitled
•Illegality is test of dishonesty
SECTION 4 OF CCA 1997
Related section:
•Penal Code 23+24, 25, 43, 44

Section 25 of PC (fraud)
•A person is said to do a thing fraudulently if he does that thing
with intend to defraud, but not otherwise
•For a deception to take place there must be some person or
persons who will have been deceived
•In relation to money
SECTION 4 OF CCA 1997
Related section:
•Penal Code 23+24, 25, 44

Section 44 of PC (injury)
•The word injury denotes any harm
whatever illegally caused to any
person, in mind, reputation or
property.
SECTION 4 OF CCA 1997
Cases:
•Public Prosecutor v Goo Kian [1939] 1 MLJ 291 (dishonesty)
•Seet Soon Guan v Public Prosecutor [1955] 1 MLJ 223 (fraud)
•Ling Kai Huat & Anor v Public Prosecutor [1966] 1 MLJ 123 (injury)
•R v Delamare [2003]
SECTION 5 OF CCA 1997
What it is for?
•Unauthorized modification
Elements:
1. Doing any act which causes unauthorized modification
2. Mere knowledge that his/her act will cause modification is
enough
SECTION 5 OF CCA 1997
Related section:
•Section 2(7) of CCA 1997
•Section 2(8) of CCA 1997
Cases:
•R v Pile (unreported 1995)
•R v Lindesay (2001)
•Re Yarimaka (2002)
OTHER SECTIONS UNDER CCA 1997
Section 6: Wrongful Communication
•Communicates via number, code, passwords or any other means other
than the person authorized to communicate. Must come with knowledge
of wrongdoing.
•R v Delamare [2003]
Section 7: Abetment
Section 8: Presumption
•Presumed to have obtained unauthorized access unless proven contrary
Section 9: Territorial scope
•Those commit offence under s,3,4,5,6 can be prosecuted