COMPUTER CRIME ACT 1997
WHAT IS COMPUTER CRIME ACT 1997?
The Act aims to provide for offenses relating to the misuse of computers. Among other things, it deals with unauthorized access to computer material, unauthorized access with intent to commit other offenses and unauthorized modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act.
Unauthorized access with intent to commit or facilitate commission of further offence
4. (1) A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent—
(a) to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]; or
(b) to facilitate the commission of such an offence whether by himself or by any other person.
ISSUE:
In Rose Hanida Binti Long lwn Pendakwa Raya (Kuala Lumpur High Court Criminal Appeal No. 42K–(115–124)-09/2016), the appellant was charged under the Computer Crimes Act 1997 (unauthorised access to computer material with intent to facilitate the commission of an offence involving fraud or dishonesty or which causes injury) and s. 420 of the Penal Code (for cheating) for making false claims to his employer, a bank, by using his superior's account and password to without his superior's knowledge.
RELATED LAW: Computer Crime Act 1997 Section 4(1)
APPLICATION:
She was initially sentenced by the Sessions Court with 4 years of imprisonment and fine of RM260,000 in default of 15 months jail. She appealed the sentence but withdrew it later.
CONCLUSION:
Notwithstanding that it had been withdrawn, the High Court Judge exercised his revisionary powers and enhanced the sentence to 6 years and fine of RM260,000 in default of 15 months jail due to the seriousness of the offence.
REFERENCES:
https://www.digitalnewsasia.com/insights/bread-kaya-2017-cyberlaw-cases-pt3
2014_Act_563_-_Computer_Crimes_Act_1997.pdf
https://commons.erau.edu/cgi/viewcontent.cgi?article=1020&context=jdfsl
The Act aims to provide for offenses relating to the misuse of computers. Among other things, it deals with unauthorized access to computer material, unauthorized access with intent to commit other offenses and unauthorized modification of computer contents. It also makes provisions to facilitate investigations for the enforcement of the Act.
Unauthorized access with intent to commit or facilitate commission of further offence
4. (1) A person shall be guilty of an offence under this section if he commits an offence referred to in section 3 with intent—
(a) to commit an offence involving fraud or dishonesty or which causes injury as defined in the Penal Code [Act 574]; or
(b) to facilitate the commission of such an offence whether by himself or by any other person.
ISSUE:
In Rose Hanida Binti Long lwn Pendakwa Raya (Kuala Lumpur High Court Criminal Appeal No. 42K–(115–124)-09/2016), the appellant was charged under the Computer Crimes Act 1997 (unauthorised access to computer material with intent to facilitate the commission of an offence involving fraud or dishonesty or which causes injury) and s. 420 of the Penal Code (for cheating) for making false claims to his employer, a bank, by using his superior's account and password to without his superior's knowledge.
RELATED LAW: Computer Crime Act 1997 Section 4(1)
APPLICATION:
She was initially sentenced by the Sessions Court with 4 years of imprisonment and fine of RM260,000 in default of 15 months jail. She appealed the sentence but withdrew it later.
CONCLUSION:
Notwithstanding that it had been withdrawn, the High Court Judge exercised his revisionary powers and enhanced the sentence to 6 years and fine of RM260,000 in default of 15 months jail due to the seriousness of the offence.
REFERENCES:
https://www.digitalnewsasia.com/insights/bread-kaya-2017-cyberlaw-cases-pt3
2014_Act_563_-_Computer_Crimes_Act_1997.pdf
https://commons.erau.edu/cgi/viewcontent.cgi?article=1020&context=jdfsl
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