LCP4805
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 9 APRIL 2025
, LCR4805: Cyber Law
Assignment 2 – MEMO
Semester 1, 2025
Due: 9 April 2025
Question 1
MEMO
To: Karabo
From: [Your Name], Attorney
Date: 9 April 2025
Re: Legal Implications of Cloned Bank Card and R50 000 Withdrawal
1.1 Can the offender be charged with fraud?
Definition of Fraud
Fraud is a common law crime defined as "the unlawful and intentional making of a
misrepresentation which causes actual prejudice or which is potentially
prejudicial to another."
Fraud requires:
A misrepresentation;
That the misrepresentation be unlawful and intentional;
That it causes or has the potential to cause prejudice to another person.
1.2 Misrepresentation to a Computer Terminal
A key issue is whether a computer can be "misled" as part of a misrepresentation.
Traditionally, courts held that fraud must involve a human mind being deceived.
ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 9 APRIL 2025
, LCR4805: Cyber Law
Assignment 2 – MEMO
Semester 1, 2025
Due: 9 April 2025
Question 1
MEMO
To: Karabo
From: [Your Name], Attorney
Date: 9 April 2025
Re: Legal Implications of Cloned Bank Card and R50 000 Withdrawal
1.1 Can the offender be charged with fraud?
Definition of Fraud
Fraud is a common law crime defined as "the unlawful and intentional making of a
misrepresentation which causes actual prejudice or which is potentially
prejudicial to another."
Fraud requires:
A misrepresentation;
That the misrepresentation be unlawful and intentional;
That it causes or has the potential to cause prejudice to another person.
1.2 Misrepresentation to a Computer Terminal
A key issue is whether a computer can be "misled" as part of a misrepresentation.
Traditionally, courts held that fraud must involve a human mind being deceived.
