Cases: IT Law

R v Ghosh [1982] 1 WLR 409

Facts D who was working as surgeon, claimed fees for carrying out certain operations where this was not appropriate. D was charged with obtaining by deception (since repealed as an offence under TA 1968, s.15). An offence where D must act dishonestly. Issue Dishonesty Held D acts dishonestly where (a) D’s conduct is dishonest according…

Read Case Study

R v Zafar [2008] QB 810

Facts ‘X had been found in possession of extremist literature, including ideological propaganda, stored on computer hard drives and computer disks. The prosecution had alleged that X had used the stored literature to incite each other to carry out a plan to travel to Pakistan, train there, and then commit acts of terrorism by fighting…

Read Case Study

Attorney General’s Reference (Nos. 85, 86 and 87 of 2007) [2007] EWCA Crim 3300

Facts Pleaded guilty to section 59 offence and to conspiring together and with others to defraud banks, credit card companies, and charge card companies to pay for the hosting of the web sites and chat rooms. Issue Commission of section 59 offence.  Held ‘Sentences imposed on three offenders for offences of conspiring to incite murder…

Read Case Study

R v Rowe [2007] QB 975

Facts ‘R had possessed a notebook containing his handwritten notes on the assembly and operation of a mortar and a coded list of explosive materials and potential targets.’ (Westlaw).  Issue Rowe ‘appealed against his conviction on two counts of possessing an article for terrorist purposes, contrary to the Terrorism Act 2000 s.57(1) and against his…

Read Case Study

R v M [2007] EWCA Crim 298

Facts The appellants faced charges under the Terrorism Act 2000 s.57(1) and s.58(1). (Westlaw). Compact discs or computer hard drives holding electronic data (Westlaw). Issue Interpretation of “article” under s 57 Is data electronically stored on compact disks or computer hard drives capable of being an ‘article’ for the purposes of the Terrorism Act? Held…

Read Case Study