AG v Bulpin [2020] JRC 162 (11 August 2020)

AG v Bulpin [2020] JRC 162 (11 August 2020)

To secure a conviction for making indecent photographs of children under Article 2(1)(a) of the Protection of Children (Jersey) Law 1994, the prosecution must prove that the defendant deliberately and intentionally made the images with knowledge that they were or were likely to be indecent images of children under sixteen. It is not necessary to prove the defendant's knowledge of the cache or storage mechanism.

Citation
[2020] JRC 162
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
11 August 2020
Procedural Posture
Criminal / Post Verdict, Reasons for Ruling
Outcome
ruling in favour of the Crown's legal position
Legal Topics
Indecent Images, Child Protection, Digital Evidence, Mens Rea, Making Offence
Criminal Law Indecent Images Child Protection Digital Evidence Mens Rea Making Offence

Case Brief

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Post Verdict, Reasons for Ruling

Legal Issues

  1. 1 Whether the defendant 'made' indecent photographs of children under Article 2(1)(a) of the Protection of Children (Jersey) Law 1994
  2. 2 Whether the defendant intentionally made the photographs with knowledge that they were or were likely to be indecent images of children under sixteen
  3. 3 Whether the Crown must prove the defendant's knowledge of the cache storage mechanism

Ratio Decidendi

To secure a conviction for making indecent photographs of children under Article 2(1)(a) of the Protection of Children (Jersey) Law 1994, the prosecution must prove that the defendant deliberately and intentionally made the images with knowledge that they were or were likely to be indecent images of children under sixteen. It is not necessary to prove the defendant's knowledge of the cache or storage mechanism.

Court Disposition

ruling in favour of the Crown's legal position