FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 1,536 times | Saved to 352 briefcases
R v Chalk, 2007 ONCA 815 (Link)

Facts:

Case concerning child pornography. Chalk did not delete the materials, but said that he had planned to delete them.

Issue(s):

What is necessary to meet the requirements of possession in s.4(3) of the Criminal Code (Canada)?

Ratio:

Knowledge of the criminal aspect of the material is adequate to constitute of possession.

Analysis:

The facts were sufficient to demonstrate possession: Chalk knew it was wrong to possession child porn; it was NOT innocent possession: no evidence that Chalk was in possession with control for the immediate purpose of destroying the material.

Holding:

Decision in favour of Crown (R).


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.