Source: All England Reporter
Publisher Citation: [2011] All ER (D) 229 (Feb)
Neutral Citation: [2011] EWCA Crim 461
Court: Court of Appeal, Criminal Division

Richards LJ, Eady J and Sir Christopher Holland (judgment delivered extempore)

Representation Corinne Bramwell (assigned by the Registrar of Criminal Appeals) for the defendant.
  Peter Gray (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 22 February 2011


Criminal law - Trial - Directions to jury - Possessing indecent photographs of a child - Defendant buying three books containing allegedly indecent images - Books available to public for sale in-store and online - Judge failing to direct jury on objective test of indecency - Judge failing to discharge jury following acquittal on another count - Whether judge erring - Whether conviction unsafe.

The Case

Criminal law Trial. The Court of Appeal, Criminal Division, allowed the defendant's appeal against conviction of five counts of possessing indecent photographs of a child where the images concerned were contained in three books purchased by the defendant from reputable bookstores and where they were widely available to members of the public. The judge had erred in failing to direct the jury as to the objective test for assessing indecency.

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