Atkins v Director Of Public Prosecutions [2000] EWHC Admin 302 (8 March 2000)

Atkins v Director Of Public Prosecutions [2000] EWHC Admin 302 (8 March 2000)

'Making' an indecent photograph under s.1(1)(a) PCA includes intentional copying or storing of images but not unintentional or unknowing copying; knowledge is required for possession under s.160 CJA; 'legitimate reason' is a question of fact in each case; a collage of two photographs does not constitute a pseudo-photograph under s.7(7) PCA.

Citation
[2000] EWHC Admin 302
Parties
Appellant/defendant: Antony Rowan Atkins; Respondent/appellant: Director of Public Prosecutions (DPP); Appellant/defendant: Peter John Goodland
Jurisdiction
England and Wales
Judgment Date
08 March 2000
Procedural Posture
Criminal Appeal (by Way of Case Stated) / High Court (divisional Court) Judgment on Appeal From Magistrates Court
Outcome
Both appeals allowed in part; Atkins' and DPP's appeals both succeed in part; Goodland's appeal succeeds.
Legal Topics
Indecent Photographs of Children, Possession of Indecent Images, Making Indecent Images, Protection of Children Act 1978, Criminal Justice Act 1988, Pseudo Photographs, Strict Liability Offences, Statutory Defences, Interpretation of Penal Statutes
Criminal Law Indecent Photographs of Children Possession of Indecent Images Making Indecent Images Protection of Children Act 1978 Criminal Justice Act 1988 Pseudo Photographs Strict Liability Offences +2 more

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Parties

Antony Rowan Atkins

Appellant/defendant

Director of Public Prosecutions (DPP)

Respondent/appellant

Peter John Goodland

Appellant/defendant

Procedural Posture

Criminal Appeal (by Way of Case Stated) / High Court (divisional Court) Judgment on Appeal From Magistrates Court

Legal Issues

  1. 1 Whether 'making' an indecent photograph under s.1(1)(a) of the Protection of Children Act 1978 includes copying or storing images knowingly or unknowingly
  2. 2 Whether possession under s.160(1) of the Criminal Justice Act 1988 requires knowledge of possession
  3. 3 Scope of 'legitimate reason' defence under s.160(2)(a) CJA and s.1(4)(a) PCA

Ratio Decidendi

'Making' an indecent photograph under s.1(1)(a) PCA includes intentional copying or storing of images but not unintentional or unknowing copying; knowledge is required for possession under s.160 CJA; 'legitimate reason' is a question of fact in each case; a collage of two photographs does not constitute a pseudo-photograph under s.7(7) PCA.

Court Disposition

Both appeals allowed in part; Atkins' and DPP's appeals both succeed in part; Goodland's appeal succeeds.

Orders

  • Atkins: Conviction on possession counts quashed; case remitted to magistrate for conviction on 'making' counts in respect of J Directory material.
  • Goodland: Conviction quashed; costs out of central funds for both Atkins and Goodland for appeal and lower court proceedings.