Harrison v R.

Harrison v R.

The appellant's conviction for possession of indecent photographs of a child was upheld because the jury was entitled to find that he knew accessing certain websites would likely result in illegal images being stored on his computer, and that he had the requisite knowledge and control for possession. The court...

Source-derived case information.

Parties
Appellant: Neil John Harrison; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed; conviction upheld
Legal Topics
Indecent Images, Possession of Indecent Photographs, Making Indecent Photographs, Internet Offences, Sexual Offences
Criminal Law Indecent Images Possession of Indecent Photographs Making Indecent Photographs Internet Offences Sexual Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Neil John Harrison

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly convicted of possession of indecent photographs of a child given the acquittals on making counts
  2. 2 Whether the judge misdirected the jury on the factual and mental elements of the offences
  3. 3 Whether the conviction is unsafe due to alleged inconsistencies in the verdicts

Ratio Decidendi

The appellant's conviction for possession of indecent photographs of a child was upheld because the jury was entitled to find that he knew accessing certain websites would likely result in illegal images being stored on his computer, and that he had the requisite knowledge and control for possession. The court rejected the argument that automatic 'pop up' activity absolved the appellant of responsibility, and found no logical inconsistency in the verdicts.

Court Disposition

appeal dismissed; conviction upheld

Orders

  • The appeal is dismissed.
  • The conviction and sentence stand.