The accused was tried on charges of possession of child pornography and making child pornography available through a peer-to-peer file-sharing program.
The court relied on forensic computer evidence, repeated use of search terms associated with child pornography, explicit file names, prior similar downloads on an older operating system, and the accused's admitted understanding of file-sharing and backup systems.
Applying the W.D. framework, the court rejected the accused's explanation that he was innocently searching for adult pornography and did not know the content or sharing consequences of the files.
The Crown proved knowledge and control beyond a reasonable doubt.
Guilty verdicts were entered on both counts.
