When determining whether material constitutes 'child pornography' under s 91H(1) of the Crimes Act 1900 (NSW), the test for 'in a sexual context' is objective and must be assessed by reference to the content of the material itself. The photographer's motivation and the secretive method of creation are irrelevant. However, content features such as the number of images, concentration on genitalia, the subjects depicted, and the setting apparent from the material are all relevant to the assessment.
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