The defendant was charged with incitement to distribute indecent images of children. He complained that the evidence relied upon were print-outs of pages on a web-site, being hearsay, and inadmissible as evidence not merely of the computer but of a human mind entering the information.
Held: The evidence was admissible as real evidence, applying Spiby. At this stage the prosecutor had only to establish a prima facie case. This was not a case where the defendant was being accused of inciting a computer, but rather of using the computer to incite another to provide the service.
Judges:
Gage J, Keith J
Citations:
Times 22-Apr-2004, [2004] EWHC 905 (Admin), [2004] ACD 50
Links:
Citing:
Cited – Regina v Spiby 1990
The printout from a computerised machine was used to monitor telephone calls. It automatically recorded information such as the numbers to which the calls were made and the duration of the calls. This was admitted as real evidence. It was held that . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Criminal Practice
Updated: 10 June 2022; Ref: scu.196541