Practice and Procedure

R V (1) GRAHAM WESTGARTH SMITH (2) MIKE JAYSON (2002)

PUBLISHED March 7, 2002
SHARE

[2002] EWCA Crim 683

Voluntarily browsing through indecent images of children from the internet so that they appeared on a computer screen, for whatever period of time, of itself amounted to making indecent pseudo-photographs of a child contrary to s.1(1) Protection of Children Act 1978. The recipient of an e-mail attachment containing an indecent image of a child would not commit an offence under s.1(1) by opening that attachment if he was unaware that it contained or was likely to contain an indecent image. * Leave to appeal to the House of Lords refused.

CA (Crim Div) (Dyson LJ, Johnson J, Sir Rhys Davies QC, Recorder of Manchester)

07/03/2002

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