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:
“It may be you fear more to deliver judgment upon me than I fear judgment.”
—Giordano Bruno (1548–1600)
“Nothing is beautiful, except man alone: all aesthetics rests upon this naïveté, which is its first truth. Let us immediately add the second: nothing is ugly except the degenerating man—and with this the realm of aesthetic judgment is circumscribed.”
—Friedrich Nietzsche (1844–1900)
“So often has my judgment deceived me in my life, that I always suspect it, right or wrong,—at least I am seldom hot upon cold subjects. For all this, I reverence truth as much as any body; and ... if a man will but take me by the hand, and go quietly and search for it ... I’ll go to the world’s end with him:MBut I hate disputes.”
—Laurence Sterne (1713–1768)