The accused was tried on child pornography offences arising from files found on a LimeWire-enabled computer in a shared residence.
The court applied the W. (D.) framework, rejected the accused's evidence that his roommate was the true user, and found on circumstantial and forensic evidence that the accused was the sole user of the computer and had constructive possession of the files.
However, the court was not satisfied beyond a reasonable doubt that the accused knew, or was wilfully blind to the fact, that LimeWire was a file-sharing program that made files available to others.
Convictions were entered on two possession counts, the accessing count was dismissed, and the accused was acquitted on making child pornography available.
