R v Smith and Jayson
R v (1) Graham Westgarth SMITH (2) Mike JAYSON (2002)
SMITH: No offence of “making” or “being in possession of an
indecent pseudo-photograph” was committed by opening an e-mail
attachment, when the recipient was unaware that it contained or was
likely to contain an indecent image.
JAYSON: The act of voluntarily downloading an indecent image from
the internet to a computer screen was an act of making a photograph or
pseudo-photograph because the computers operator, in so downloading, was
causing the image to exist on the screen.
For a full transcript of the appeal court hearing on the case, please visit
here 
.