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 order of the world is always right—such is the judgment of God. For God has departed, but he has left his judgment behind, the way the Cheshire Cat left his grin.”
—Jean Baudrillard (b. 1929)
“It isn’t safe to sit in judgment upon another person’s illusion when you are not on the inside. While you are thinking it is a dream, he may be knowing it is a planet.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“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)