Judgment
It was accepted in the Bowden case that s.1(1)(a) of the 1978 Act covered those making pseudo-photographs who may have had no contact with the subjects of the images. But it also covered those making copies of photographs by knowingly copying the photograph.
The wording in s.1 of the 1978 Act as amended was clear and unambiguous. The words "to make" had to be given their natural and ordinary meaning, and in the instant context that was "to cause to exist; to produce by action, to bring about".
In R v. Fellows; R v. Arnold (1997) 1 CAR 244, the Court of Appeal had held that a computer file containing data that represented the original photograph in another form was "a copy of a photograph" as per section 7(2) of the 1978 Act.
Therefore, downloading an indecent photograph from the Internet was "making a copy of an indecent photograph" since a copy of that photograph had been caused to exist on the computer to which it had been downloaded.
Read more about this topic: R V Bowden
Famous quotes containing the word judgment:
“The heart may think it knows better: the senses know that absence blots people out. We really have no absent friends. The friend becomes a traitor by breaking, however unwillingly or sadly, out of our own zone: a hard judgment is passed on him, for all the pleas of the heart.”
—Elizabeth Bowen (1899–1973)
“Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be answerable for the body and blood of the Lord. Examine yourselves, and only then eat of the bread and drink of the cup. For all who eat and drink without discerning the body, eat and drink judgment against themselves.”
—Bible: New Testament, 1 Corinthians 11:27-29.
“No more shall the war cry sever,
Or the winding rivers be red:
They banish our anger forever
When they laurel the graves of our dead!
Under the sod and the dew,
Waiting the Judgment Day:—
Love and tears for the Blue;
Tears and love for the Gray.”
—Francis Miles Finch (1827–1907)