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French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006

The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took … Continue reading French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006

Regina v Wild; Regina v Jefferson: CACD 4 Jul 2001

The court set down the matters to be considered when sentencing for the downloading of pornographic images of children from the Internet or otherwise, and in particular where lay the custody threshold. The further distribution of images was a severely aggravating factor, as could be the degree of obscenity the age and number of children … Continue reading Regina v Wild; Regina v Jefferson: CACD 4 Jul 2001

Regina v Smethurst: CACD 13 Apr 2001

As regards the offence of making indecent photographs of children, any intention of the defendant was irrelevant as to whether the photographs themselves were indecent. The defendant said he had obtained the images without any indecent intent, but only because they had a high photographic quality. The situation was different from that which obtained on … Continue reading Regina v Smethurst: CACD 13 Apr 2001

Porter, Regina v: CACD 16 Mar 2006

The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller . .

Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000

For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000