CDA - OffencesDamage to Property

• “a person who without lawful excuse damages any property…shall be guilty of an offence”

• Accidental/coincidental damage

• Recklessness

• Damage must be intentional

• Specifically outlaws

  • damage to property which endangers life
  • damage to property with intent to defraud

• Data damaged within the State by persons outside

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NB Lawful excuse

damage must be caused by intruder. So many other ways data can be damaged.

If reckless about whether damage occurred - offence. Is cracking in itself reckless?

‘Only looking around’ ‘For the thrill’ - could claim damage unintentional. Probably convict for unauthorised access.

Reckless but authorised user - criminal