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)
“The percept is the reality. It is not in propositional form. But the most immediate judgment concerning it is abstract. It is therefore essentially unlike the reality, although it must be accepted as true to that reality. Its truth consists in the fact that it is impossible to correct it, and in the fact that it only professes to consider one aspect of the percept.”
—Charles Sanders Peirce (1839–1914)
“I [Boswell] ... insisted that admiration was more pleasing than judgment, as love is more pleasing than friendship. The feeling of friendship is like that of being comfortably filled with roast beef; love like being enlivened with champagne. JOHNSON. “No, Sir; admiration and love are like being intoxicated with champagne; judgment and friendship like being enlivened.””
—Samuel Johnson (1709–1784)