R v (1) GRAHAM WESTGARTH SMITH (2) MIKE JAYSON (2002)
Charles Lindsey
Charles Lindsey <chl at clw.cs.man.ac.uk>
Thu, 25 Apr 2002 13:49:56 +0100 (BST)
On Thu, 25 Apr 2002 12:43:17 +0100
Nicholas Bohm <nbohm@ernest.net> said...
> True; but in the legal context, this results in people who make images by
> photographing child abuse being placed in the same legal category as people
> who view the result.
No, I don't follow that. They have taken the photograph. They have
presumably looked at it. They presumably own it. So they are guilty of
possessing it.
But they are also guilty of the worse offence of performing the abuse,
or aiding and abetting it, or whatever. So they could (and proabably
should) be charged with both.
Note, however, that my example actually referred to the person who made
a print from the negative, who may not actually have been present when
the abuse occured.
Charles H. Lindsey ---------At Home, doing my own thing------------------------
Tel: +44 161 436 6131 Fax: +44 161 436 6133 Web: http://www.cs.man.ac.uk/~chl
Email: chl@clw.cs.man.ac.uk Snail: 5 Clerewood Ave, CHEADLE, SK8 3JU, U.K.
PGP: 2C15F1A9 Fingerprint: 73 6D C2 51 93 A0 01 E7 65 E8 64 7E 14 A4 AB A5