Commonwealth v. Gerulis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the exploitation of computer “voice mailbox” was a computer crime
• “When a criminal statute criminalizes two separate actions or intents, the Commonwealth need only prove one.”
• [Djamages which occur as a direct result of the crime are those which should not have occurred but for the defendant’s criminal conduct.
• “The sentencing court cannot require payment in excess of the damage which defendant caused.”
• “To determine the correct amount of restitution, a ‘but-for’ test is used — damages which occur as a direct result of the crime are those which should not have occurred but for the defendant’s criminal conduct.”
• “‘Or’ can only be construed to mean ‘and’ when to give the word ‘or’ its ordinary meaning would be to produce a result that is absurd or impossible of execution or highly unreasonable or would manifestly change or nullify the intention of the legislative body.”

Source: CourtListener parenthetical corpus (CC0).