Utilisation non autorisée d’ordinateur (jurisprudence des peines)
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Offence Wording
- Unauthorized use of computer
342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,
- (a) obtains, directly or indirectly, any computer service;
- (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;
- (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 [méfait] in relation to computer data or a computer system; or
- (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).
[omis (2)]
R.S., 1985, c. 27 (1st Supp.), s. 45; 1997, c. 18, s. 18; 2014, c. 31, s. 16.
- Possession of device to obtain unauthorized use of computer system or to commit mischief
342.2 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 [unauthorized use of computer] or 430 [méfait], knowing that the device has been used or is intended to be used to commit such an offence, is
- (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
- (b) guilty of an offence punishable on summary conviction.
[omis (2), (3) and (4)]
1997, c. 18, s. 19; 2014, c. 31, s. 17; 2018, c. 29, s. 34.
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary | |
|---|---|---|---|---|---|
| R v Senior, 2022 ONSC 136 (CanLII), par Christie J | ON  |
SC | 7.5 ans d'emprisonnement (global) 1 year imprisonment (computer) |
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| R v Cisar, 2014 ONCA 151 (CanLII), par Rosenberg JA | ON |
CA | 30 mois d'emprisonnement | The offender was convicted of fraudulently obtaining computer services, fraudulent use of a computer system, theft and possession of stolen goods. He quit from a software company, taking a number of discs containing the source code for computer software the company was developing. He moved out of country, started a new software company and sold a software program created with the source code he took. The software was valued at $12 million.
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| R v Charania, 2014 ONSC 1695 (CanLII), par Goodman J | ON |
SC | Discharge with 9 months probation | see Mischief (Sentencing Cases) for details
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| R v Mackie, 2013 ABPC 116 (CanLII), par Skene J | AB  |
PC | 1 year (unauthorized use x 5) 11 years (global) |
The offender was convicted of luring, extortion, child pornography, identity fraud, invitation to sexual touching. See Child Luring (Sentencing Cases)
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| R v Grecu, 2004 ABPC 61 (CanLII), par Semenuk J | AB |
PC | 12 months CSO | The offender pleaded guilty to 5 offences involving the unauthorized computer equipment, cameras and other devices. He and an accomplice used the devices to forge credit cards which were in turn used to withdraw money. The offence was "sophisticated and involved a number of co-accused in what can only be described as organized criminal activity at the highest level". The total loss was $38,147.99, while the risk of loss was $648,820.00.
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