Douglas v Muscat

[2005] WASCA 46

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Censorship offences
3. › Possession of classified film with intent to sell
4. › Proof that film classified 'X'
5. › Whether prosecution required to prove 'identicality' between seized film and classified film
6. › Censorship Act 1996 (WA), s 81(2)(b)
1. Criminal Law
2. › Practice and procedure
3. › No case to answer
4. › Circumstantial evidence
5. › Duty of trier of fact to consider all evidence admitted
6. › Whether magistrate erred in refusing to view video tapes admitted into evidence
1. Evidence
2. › Real evidence
3. › Video tapes admitted into evidence
4. › Duty of tribunal of fact to view exhibits
5. › Whether trier of fact required to view exhibits forming part of the evidence
1. Criminal Law
2. › Censorship offences
3. › Classification of films
4. › Effect of difference in format between classified film and seized film
5. › Whether change of format precludes inference that film classified 'X'
6. › Classification (Publications, Films and Computer Games) Act 1995 (Cth), s 5, s 25

Quick Take

In censorship prosecutions for possession of classified films, the prosecution need not prove that the seized film is identical to the originally classified film; it is sufficient to prove by circumstantial evidence that the film is classified 'X'. A difference in recording format (e.g., DVD vs VHS) is a relevant consideration but not a determining factor. A magistrate must view video tapes admitted into evidence before ruling on a no case to answer submission.