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:
“If a man is a good lawyer, a good physician, a good engineer ... he may be a fool in every other capacity. But no deficiency or mistake of judgment is forgiven to a woman ... and should she fail anywhere, if she has any scientific attainment, or artistic faculty, instead of standing her interest as an excuse, it is censured as an aggravation and offence.”
—E.P.P., U.S. women’s magazine contributor. The Una, p. 28 ( February 1855)
“I hold the value of life is to improve one’s condition. Whatever is calculated to advance the condition of the honest, struggling laboring man, so far as my judgment will enable me to judge of a correct thing, I am for that thing.”
—Abraham Lincoln (1809–1865)
“My judgment is that neither House of Congress, nor both combined, have any right to interfere in the count. It is for the Vice-President to do it all.... There should be no compromise of our Constitutional rights.”
—Rutherford Birchard Hayes (1822–1893)