The accused was tried on charges of possessing and making available child pornography arising from an internet-based police investigation using peer-to-peer network monitoring and subsequent forensic examination of a seized laptop.
The court applied the W.(D.) framework, rejected the accused's evidence about a late used-laptop purchase and possible family use, and found the circumstantial and forensic evidence proved beyond a reasonable doubt that he knowingly possessed child pornography movies during the charged period.
However, the court was not satisfied beyond a reasonable doubt that he had actual knowledge, or was wilfully blind to the fact, that the file-sharing software was making those files available to others.
A conviction was entered on possession and an acquittal on making available.
