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kembaraXtra-Case Law-Cox v. Riley (1986) OBD - Criminal Damage to Computer Program
I. Case Overview
I. Case Overview
- Defendant (D): Deliberately erased a computer program from a computerised saw.
- Action: Rendering the saw inoperable.
- Initial Conviction: Criminal Damage.
- Appeal: D argued the computer program was intangible and therefore could not be damaged under the Criminal Damage Act 1971.
- Whether erasing a computer program constitutes "damage" under the Criminal Damage Act 1971.
- Conviction Upheld: D was rightly convicted.
- Reasoning: Erasing the computer program did constitute damage under s 1 of the Criminal Damage Act 1971.
- Definition of "Damage": Upheld the principle that "damage" should be given its ordinary dictionary meaning.
- "Damage" Defined: Injury impairing value or usefulness.
- Question of Fact and Degree: Whether damage has occurred is a question of fact and degree determined on a case-by-case basis.
- Evidence of Damage: In this case, damage was proven by the time and effort required to rectify the problem.
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