New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Accessing computer system

Legal area

Court

20 Oct 2015

JONATHAN DIXON v R [2015] NZSC 147

Citation

[2015] NZSC 147
Court

Supreme Court

Digital files stored on a computer can be "property" for the purposes of s 249(1)(a) because they are identifiable, have economic value, are capable of being owned and transferred, and fall within the inclusive definition of property in s 2 read purposively in the context of computer offences; accordingly the appellant obtained property when he downloaded and deleted the files and his conviction is reinstated.
23 Oct 2014

JONATHAN DIXON v R [2014] NZSC 151

Citation

[2014] NZSC 151
Court

Supreme Court

The Supreme Court granted leave to determine whether the Court of Appeal erred in holding CCTV files were not property and in declining to substitute a conviction under s 386(2); the correctness of excluding post-hearing submissions was also put squarely for decision.
23 May 2012

BENJAMIN v R SC 13/2012

Citation

SC 13/2012
Court

Supreme Court

Even accepting the fresh evidence, the critical fact that the appellant received $48,365.50, matching the Crown's payslip calculation, is unexplained by the new material; no credible alternative actor or explanation was shown, and the procedural complaints did not establish unfairness, therefore no arguable substantial miscarriage of justice exists and leave is refused.