CHILD PORNOGRAPHY CHARGES THROWN OUT

R. v. R. A. | 2009

After spending two days cross-examining the police computer expert, Ms. Page successfully convinced the Crown Attorney to withdraw her client’s charges of Possession and Making child pornography available. The police had seized the accused’s computer and found child pornography on it. The files had been downloaded onto his computer using the sharing program Limewire. Because this program also permits others to access those files over the internet while the computer is running, the client was also charged with making child pornography available.

Ms. Page hired her own expert in internet design and function. With his assistance, she was able to raise a reasonable doubt about her client’s knowledge that his computer contained downloaded files of child pornography, and that his computer was sharing these files with others. After Ms. Page exposed the weaknesses in the case, the Crown withdrew all charges against her client.

MARI LOEWENjudgment