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:
“First follow Nature, and your judgment frame
By her just standard, which is still the same;
Unerring Nature, still divinely bright,
One clear, unchanged, and universal light,
Life, force, and beauty must to all impart,
At once the source, and end, and test of art.”
—Alexander Pope (1688–1744)
“Common sense is judgment without reflection, shared by an entire class, an entire nation, or the entire human race.”
—Giambattista Vico (1688–1744)
“If you were born to honor, show it now;
If put upon you, make the judgment good
That thought you worthy of it.”
—William Shakespeare (1564–1616)