25 Jan 2006
HKSAR v. HERBONNET, JUSTIN YVES
- Citation
- HKSAR v. HERBONNET, JUSTIN YVES
- Court
- Court of First Instance
- Case number
- HCMA1153/2005
For an offence under s3(3) the prosecution must prove that the accused controlled and knew of the existence of the prohibited material; it need not prove beyond reasonable doubt that the accused knew the broad nature of the material as child pornography because the statute omits 'knowingly' and provides specific defences in s4(3); where overwhelming inferential evidence of control and knowledge exists conviction is proper. The appellant's interview was admissible and voluntary. The conviction is upheld as to 376 files.