HKSAR v. ALISTAIR CHARLES CURRIE

HKSAR v. ALISTAIR CHARLES CURRIE

Section 161(1)(c) does not require proof of the defendant's motive or purpose for obtaining information; 'gain' includes obtaining information, and on the evidence before the magistrate the circumstances supported a finding of dishonesty under the Ghosh test, so the conviction was safe and the appeal was dismissed.

Citation
HKSAR v. ALISTAIR CHARLES CURRIE
Parties
Respondent: HKSAR; Appellant: Alistair Charles Currie
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 2004
Case Number
HCMA795/2004
Procedural Posture
Magistracy Appeal (criminal) / Appellate Hearing in High Court (court of First Instance) on Appeal Against Conviction From Magistrates' Court
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Unauthorized Computer Access, Dishonesty, Mens Rea, Definition of Gain Under Statute, Section 161(1)(c) Crimes Ordinance
Source Language
EN
Criminal Law Computer Crime Statutory Interpretation Unauthorized Computer Access Dishonesty Mens Rea Definition of Gain Under Statute Section 161(1)(c) Crimes Ordinance

Case Brief

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Parties

HKSAR

Respondent

Alistair Charles Currie

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appellate Hearing in High Court (court of First Instance) on Appeal Against Conviction From Magistrates' Court

Legal Issues

  1. 1 Whether prosecution must prove the purpose/motive for obtaining information to establish an offence under s.161(1)(c)
  2. 2 Whether 'gain' under s.161(1)(c) includes obtaining information
  3. 3 Whether unauthorized access to a computer is, without more, equivalent to access with a view to dishonest gain

Ratio Decidendi

Section 161(1)(c) does not require proof of the defendant's motive or purpose for obtaining information; 'gain' includes obtaining information, and on the evidence before the magistrate the circumstances supported a finding of dishonesty under the Ghosh test, so the conviction was safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal against conviction dismissed.
  • Conviction for obtaining access to a computer with a view to dishonest gain under s.161(1)(c) of the Crimes Ordinance upheld.