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:
“Such condition of suspended judgment indeed, in its more genial development and under felicitous culture, is but the expectation, the receptivity, of the faithful scholar, determined not to foreclose what is still a question—the “philosophic temper,” in short, for which a survival of query will be still the salt of truth, even in the most absolutely ascertained knowledge.”
—Walter Pater (1839–1894)
“Do not judge, so that you may not be judged. For with the judgment you make you will be judged, and the measure you give will be the measure you get.”
—Bible: New Testament, Matthew 7:1,2.
Jesus.
“My beauty, though but mean,
Needs not the painted flourish of your praise.
Beauty is bought by judgment of the eye.”
—William Shakespeare (1564–1616)