Exhibiting objectionable material to a person under 18 (Section 127)
Charge 1: Exhibiting objectionable material to a person under 18 years of age
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.
| 1. |
Are you sure that Mr Smith deliberately exhibited or displayed images on his computer to Ms Jones that depicted “animals having sex with people”? |
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If yes, go to question 2. If no, find Mr Smith “not guilty”. |
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| 2. | Are you sure that Ms Jones was under 18 years of age at the time? |
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If yes, go to question 3. If no, find Mr Smith “not guilty”. |
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| 3. | Are you sure that the images exhibited or displayed promoted or supported bestiality? |
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“Bestiality” means sexual acts between a human being and an animal. Something tends to “promote or support” if it advocates or encourages the prohibited activity. Images that promote or support bestiality are deemed to be “objectionable”. If yes, go to question 4. If no, find Mr Smith “not guilty”. |
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| 4. |
Are you sure that Mr Smith knew or had reasonable cause to believe that the images exhibited or displayed on the computer promoted or supported bestiality? |
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“Reasonable cause to believe” is an objective test and it is what a reasonable person would have believed. If yes, find Mr Smith “guilty”. If no, find Mr Smith “not guilty”. |