Legal Principles Assignment help

Doylers

Hey folks, looking for some help, Im doin an assignment and I need to write about "defences available to a person charged with an offence under the criminal damages act 1991" which emphasis on computer related crime. I cant seem to find any cases online or sites that I can search for information. Anyone point me in the right direction? Thanks

Bepolite

Are you a law student or some other discipline?

Doylers

Bepolite wrote: »

Are you a law student or some other discipline?

Computer Science

Bepolite

Doylers wrote: »

Computer Science

You're lecturer must hate you! :P

For the legislation look at the statute book - not ideal generally but it's probably the only resource you have. (Do you have access to the legal databases at your college?) Interpretation (Section 1) is particularly important.

Cases are going to be tough as I doubt many criminal damage cases have made it to written judgment.

Doylers

Bepolite wrote: »

You're lecturer must hate you! :P

For the legislation look at the statute book - not ideal generally but it's probably the only resource you have. (Do you have access to the legal databases at your college?)

Cases are going to be tough as I doubt many criminal damage cases have made it to written judgment.

Yeah he does i think

Cool I'll give that a read now. I have no idea to be honest im in the library now so i'll stroll down and ask if they know about one.

Thats what im finding, nothing interesting at all happens here involving computers and hacking etc

He tends to reference english cases in his notes a good bit but I dont think I should since were just looking at irish statute.

Just want to go back to my programming :(:(:(:(

Bepolite

Bill Gates once said, "I choose a lazy person to do a hard job. Because a lazy person will find an easy way to do it." The Irish legislator is Bill Gates' ultimate lazy person. Look at the act - with a single stroke of the pen they've essentially said "ah sure, this applies to data too". Elegance or pure laziness, you have to decide!

Bepolite

Doylers wrote: »

Thats what im finding, nothing interesting at all happens here involving computers and hacking etc

He tends to reference english cases in his notes a good bit but I dont think I should since were just looking at irish statute.

On point 1: Eoin Marques. (You could also speak about lack of detection rather than a l;ack of the crime actually happening.)

Point 2: You'd need an understanding beyond the scope of your studies (which he probably should have at least mentioned) that English cases are persuasive in Ireland.

An anecdote of mine is that the first Degree I did was Computer Science I never did anything with it but the law elements, ten years later, have me perusing a legal career. Don't be too eager to get back to your programming :pac:

Tom Young

Section 6 of the Criminal Damage Act, 1991, is probably the aspect that he is looking for you to discuss: http://www.irishstatutebook.ie/1991/en/act/pub/0031/sec0006.html#sec6

"Without lawful excuse".

Some points re. Computer crime and criminal damage:


1. Recklessness is a codified element of the mental state, or lack thereof for criminal damage;

2. Data is specifically defined under S.1, as mentioned above;

3. Section 6, is designed to deal, in the main, with emergency scenarios, though it could easily be the case that "lawful excuse" could be allowed in the case of paid hacking;

4. Criminal Damage invariably travels with Misuse of a Computer per Section 9 of the Criminal Justice (Theft and Fraud Offences), Act 2001 - but be careful, the definition is quite specific about what activity gives rise and does not give rise to criminal liability;

5. Operation amethyst was a covert operation run by AGS to uncover CP images and criminality online. In one prosecution, the SOEDI - Someone Else Did It, defence was successfully raised. You'll need to use online newspaper archive to find out more.

Tom

Doylers

Bepolite wrote: »

On point 1: Eoin Marques. (You could also speak about lack of detection rather than a l;ack of the crime actually happening.)

Point 2: You'd need an understanding beyond the scope of your studies (which he probably should have at least mentioned) that English cases are persuasive in Ireland.

An anecdote of mine is that the first Degree I did was Computer Science I never did anything with it but the law elements, ten years later, have me perusing a legal career. Don't be too eager to get back to your programming :pac:

Dont recall him every mentioning that about english cases being persuasive here and I am among the few that go to every class :pac:

Tom Young wrote: »

Section 6 of the Criminal Damage Act, 1991, is probably the aspect that he is looking for you to discuss: http://www.irishstatutebook.ie/1991/en/act/pub/0031/sec0006.html#sec6

"Without lawful excuse".

Some points re. Computer crime and criminal damage:


1. Recklessness is a codified element of the mental state, or lack thereof for criminal damage;

2. Data is specifically defined under S.1, as mentioned above;

3. Section 6, is designed to deal, in the main, with emergency scenarios, though it could easily be the case that "lawful excuse" could be allowed in the case of paid hacking;

4. Criminal Damage invariably travels with Misuse of a Computer per Section 9 of the Criminal Justice (Theft and Fraud) Offences, Act 2001 - but be careful, the definition is quite specific about what activity gives rise and does not give rise to criminal liability;

5. Operation amethyst was a covert operation run by AGS to uncover CP images and criminality online. In one prosecution, the SOEDI - Someone Else Did It, defence was successfully raised. You'll need to use online newspaper archive to find out more.

Nice one Tom, Thanks for that some good points there

Came across this also some alright points there.http://resources.tjmcintyre.com/computer_crime.pdf