To establish “possession” for the purposes of the offences of possessing indecent images of children or extreme pornographic images, the prosecution had to establish (a) that the images were within the accused’s custody or control so that he was capable of accessing them, and (b) that he had known that he possessed images. Where unsolicited […]
The creation of indecent pseudo images of children, by superimposing photographs of a child’s head onto photographs of naked adults in indecent poses, constituted possession, and not production, of indecent photographs of children within the sentencing guidelines. Production offences did not include those where pseudo images were made using images taken from other sources. A […]
In relation to a charge of possessing indecent photographs of a child, a jury had been well aware of the issues it had to assess in considering whether a defendant knew that there was a likelihood that automatic “pop-up” mechanisms or redirections to other websites on legal, albeit pornographic, websites would occur and whether if, […]
