R v Shew

[1998] QCA 333

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences
3. › Possession offences
4. › Knowingly having possession of child abuse computer game
5. › Whether circumstantial evidence sufficient to establish knowledge
6. › Classification of Computer Games and Images Act 1995 (Qld), s 26(3)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unsafe and unsatisfactory verdict
5. › Circumstantial case
6. › Whether open to jury to be satisfied beyond reasonable doubt
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Inference of guilty knowledge
5. › Failure of accused to give evidence
6. › Whether direction as to failure to give evidence justified

Quick Take

In prosecutions for knowingly possessing prohibited computer material under s 26(3) of the Classification of Computer Games and Images Act 1995 (Qld), knowledge may be inferred from circumstantial evidence including admission of ownership of the storage medium, evidence of handling the disks proximate to the file creation date, and the accused's failure to give evidence where knowledge is peculiarly within the accused's own knowledge. The analogy with the doctrine of recent possession in stolen goods cases may apply to digital possession offences.