Date And Time (Of The Offence)
It may be difficult to establish the date and time when the data was manipulated
Jurisdiction (Where The Offence Occurred)
It may be difficult to prove where the crime was committed as the digital damage may be done from a different location from where the data is stored.
Complainant / Witnesses
Clearly identify each complainant and witness involved in the case. Succinctly state their involvement in the case and pay particular attention to their ability to identify the accused (see below)
Identity Of The Accused
**Critical Element**
ID is a difficult issue to prove in computer based crime. How the suspect is proven to be the one behind the damage will have to be clearly articulated.
The identification of the accused is often a weak point in the investigation
Consider three points in time where identification may be essential to your case.
- Who and how is the accused identified as the perpetrator of the crime?
- Who and how is the person arrested identified as the accused. In simple terms how do you know that the person you arrested is the same person who did the crime? This is particularly important in cases where there is a break in time (even a very short time) between the time of the infraction and the time of the arrest.
- Who will identify the perpetrator, and/or the person arrested in court?
Damaged Computer Data
Statement from Expert Witness
The evidence for this offence will rely heavily on witnesses. In addition exploring the other legal elements with your witness(s) ensure the following is documented.
- Description of the Computer Data that was damaged. Does it fit the legal definition of “Commuter Data” as referred to in Section 430(8) ?
- How was it damaged or destroyed?
- Who owns the data?
- How and when was the damage discovered?
- What is the estimated value of damage? How was this damage calculated?
Willful Intention
What evidence will establish that the damage was intentional and not accidental?
Related Links: