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:
“I [Boswell] ... insisted that admiration was more pleasing than judgment, as love is more pleasing than friendship. The feeling of friendship is like that of being comfortably filled with roast beef; love like being enlivened with champagne. JOHNSON. “No, Sir; admiration and love are like being intoxicated with champagne; judgment and friendship like being enlivened.””
—Samuel Johnson (1709–1784)
“These are days ... when a great cloud of trouble hangs and broods over the greater part of the world.... Then all about them, all about us, sits the silent, waiting tribunal which is going to utter the ultimate judgment upon this struggle.... No man is wise enough to produce judgment, but we call hold our spirits in readiness to accept the truth when it dawns on us and is revealed to us in the outcome of this titanic struggle.”
—Woodrow Wilson (1856–1924)
“Why, all the souls that were were forfeit once,
And He that might the vantage best have took
Found out the remedy. How would you be
If He which is the top of judgment should
But judge you as you are? O, think on that,
And mercy then will breathe within your lips,
Like man new made.”
—William Shakespeare (1564–1616)