NCJ Number
75981
Date Published
1980
Length
86 pages
Annotation
The applicability of Australian laws on property offenses to computer abuse are evaluated, with particular attention to the English Theft Act model adopted in Victoria.
Abstract
Following an outline of activities that constitute computer abuse, the book discusses identification of the target asset within the prevailing legal definitions of property. An asset could be the actual computer equipment, related property (i.e., time or data), or something controlled by the computer. In computer cases, prosecution of individuals rather than corporations for property or conspiracy charges is preferred. Difficulties in categorizing forms of computer abuse are described. Victoria's laws relating to property offenses are analyzed because they were revised in 1968 and are most adaptable to abuse problems. Offenses covered include trespass, criminal damage, theft, criminal deception, false accounting, suppression of documents, and forgery. New South Wales, South Australia, and the territories base their criminal justice systems on common law because they did not follow the English example of consolidating common law with statutory offenses. Queensland, Tasmania, and Western Australia are code States, which places them somewhat between Victoria and common law States on the legal spectrum. Property offense laws of both the common law and code systems are examined, with attention to the definitional problems they present for computer abuse cases. The paper concludes that in Victoria the offenses of false accounting, suppression of documents, and obtaining a financial advantage by deception poses the potential for prosecuting common forms of computer abuse. Jurisdictional considerations are described, and the determination of liability in individual States is illustrated by selected cases. Legal reforms to protect paperless property are also reviewed. Approximately 270 footnotes are provided.