Thursday 27 June 2013
Child pornography trial collapse
"The trial of one of Scotland's most successful Highland Football League managers, who was charged with downloading child pornography, has collapsed.
GC went on trial at Aberdeen Sheriff Court facing three charges relating to child porn.
Mr C, 41, from Aberdeen, was accused of downloading more than 200 photographs of youngsters on computers at his city home. But the former football manager – who retired from Buckie Thistle last year – denied the offence.
Forensic experts admitted the images could have got on to his equipment without his knowledge and could not prove he had seen them."
http://www.heraldscotland.com/news/home-news/child-pornography-trial-collapse.21455564
Showing posts with label Mens Rea. Show all posts
Showing posts with label Mens Rea. Show all posts
Sunday, 21 July 2013
Sunday, 19 May 2013
For The Lulz
May 16, 2013 -- 14:14 GMT (15:14 BST)
LulzSec group sentenced; hacker combats child porn allegations
"Summary: Core members of LulzSec have been sentenced for their campaigns, but according to the defense, some of the victims were "thoroughly deserving" of what happened to them."
"Indecent images
Aside from hacking charges, an additional indictment against RC was delayed due to a court miscommunication.
LulzSec, Anonymous and hacktivism: Crappy security has caught up with us
After the seizure of C's computer and and subsequent recovery of deleted files, the hacker was charged with downloading and possessing indecent images of children following a second arrest on October 4, 2012.
Under the U.K. COPINE scale [no] — a measure of the severity of images [no] the images in question were classified as child "erotica" and deliberate sexual posing. A total of 46 images contained children aged between six and 18 months, whereas others included children aged between ten and 15 years.
The defense team said that Cleary is not a "professional pervert" [oooeerrr missis, where can you train for that?] or sexually obsessed, but rather was obsessed with finding data and using his computer — a reason laid at the door of his client's Asperger's syndrome.
A lack of information in psychological reports and pre-hearing files resulted in a delayed sentencing. C, who admitted to downloading the images, will not be sentenced this week."
http://www.zdnet.com/lulzsec-group-sentenced-hacker-combats-child-porn-allegations-7000015489/
LulzSec group sentenced; hacker combats child porn allegations
"Summary: Core members of LulzSec have been sentenced for their campaigns, but according to the defense, some of the victims were "thoroughly deserving" of what happened to them."
"Indecent images
Aside from hacking charges, an additional indictment against RC was delayed due to a court miscommunication.
LulzSec, Anonymous and hacktivism: Crappy security has caught up with us
After the seizure of C's computer and and subsequent recovery of deleted files, the hacker was charged with downloading and possessing indecent images of children following a second arrest on October 4, 2012.
Under the U.K. COPINE scale [no] — a measure of the severity of images [no] the images in question were classified as child "erotica" and deliberate sexual posing. A total of 46 images contained children aged between six and 18 months, whereas others included children aged between ten and 15 years.
The defense team said that Cleary is not a "professional pervert" [oooeerrr missis, where can you train for that?] or sexually obsessed, but rather was obsessed with finding data and using his computer — a reason laid at the door of his client's Asperger's syndrome.
A lack of information in psychological reports and pre-hearing files resulted in a delayed sentencing. C, who admitted to downloading the images, will not be sentenced this week."
http://www.zdnet.com/lulzsec-group-sentenced-hacker-combats-child-porn-allegations-7000015489/
Monday, 13 May 2013
More Win
Wednesday, May 9, 2012
N.Y. high court: Just viewing child porn not state crime
"ALBANY, N.Y. — New York’s top court ruled yesterday that simply viewing child pornography online does not constitute either criminal possession or procurement under state penal law.
The Court of Appeals dismissed two counts against JDK, who was a professor of public administration at Marist College, where a virus scan of his computer in 2007 found pornographic images. He was convicted of two counts of procuring and 134 counts of possessing a sexual performance by a child. He was sentenced to one to three years in state prison and began his sentence in 2009.
The Court of Appeals agreed that K, now 65, was properly convicted because he had downloaded, saved and deleted 132 images. But the majority said some images in his computer cache, temporary files automatically stored from sites he had viewed, cannot be held against him under state law. The court sent K’s case down to a lower court for resentencing.
The five judges said it was still a federal crime knowingly to access with intent to view any book, magazine, periodical, film, videotape, computer disk or other material containing an image of child pornography. Under state law, such browsing can be used to show a guilty intent, that access to an illicit image or site was not a mistake, they said.
“Nonetheless, that such images were simply viewed, and that defendant had the theoretical capacity to exercise control over them during the time they were resident on the screen, is not enough to constitute their procurement or possession,” Judge Carmen Beauchamp Ciparick wrote. “Rather, some affirmative action is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen.”
Chief Judge Jonathan Lippman and Judges Susan Read, Robert Smith and Theodore Jones Jr. agreed."
http://www.firstamendmentcenter.org/n-y-high-court-just-viewing-child-porn-not-state-crime
http://www.raytaylorlaw.com/CM/Articles/New-York-Case-Clarifies-Meaning-of-Possession-of-Child-Pornography.asp
N.Y. high court: Just viewing child porn not state crime
"ALBANY, N.Y. — New York’s top court ruled yesterday that simply viewing child pornography online does not constitute either criminal possession or procurement under state penal law.
The Court of Appeals dismissed two counts against JDK, who was a professor of public administration at Marist College, where a virus scan of his computer in 2007 found pornographic images. He was convicted of two counts of procuring and 134 counts of possessing a sexual performance by a child. He was sentenced to one to three years in state prison and began his sentence in 2009.
The Court of Appeals agreed that K, now 65, was properly convicted because he had downloaded, saved and deleted 132 images. But the majority said some images in his computer cache, temporary files automatically stored from sites he had viewed, cannot be held against him under state law. The court sent K’s case down to a lower court for resentencing.
The five judges said it was still a federal crime knowingly to access with intent to view any book, magazine, periodical, film, videotape, computer disk or other material containing an image of child pornography. Under state law, such browsing can be used to show a guilty intent, that access to an illicit image or site was not a mistake, they said.
“Nonetheless, that such images were simply viewed, and that defendant had the theoretical capacity to exercise control over them during the time they were resident on the screen, is not enough to constitute their procurement or possession,” Judge Carmen Beauchamp Ciparick wrote. “Rather, some affirmative action is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen.”
Chief Judge Jonathan Lippman and Judges Susan Read, Robert Smith and Theodore Jones Jr. agreed."
http://www.firstamendmentcenter.org/n-y-high-court-just-viewing-child-porn-not-state-crime
http://www.raytaylorlaw.com/CM/Articles/New-York-Case-Clarifies-Meaning-of-Possession-of-Child-Pornography.asp
Monday, 6 May 2013
Same As Yours
May 03, 2013
The Evil Brain: What Lurks Inside a Killer’s Mind
"Homicidal madmen don’t have much of a capacity for gratitude, but if they did, they’d offer a word of thanks to Charles Whitman. Whitman was the 25-year-old engineering student and former Marine who, in 1966, killed 17 people and wounded 32 in a mass shooting at the University of Texas, before being shot and killed himself by police.
Earlier that day, he also murdered his wife and mother. Criminal investigators looking for a reason for the rampage got what seemed to be their answer quickly, in the form of a suicide note Whitman left at his home ..."
http://science.time.com/2013/05/03/evil-brain/
What Makes a Psychopath? Answers Remain Elusive
http://www.livescience.com/7859-psychopath-answers-remain-elusive.html
What Makes Us Moral
http://www.time.com/time/specials/2007/article/0,28804,1685055_1685076_1686619,00.html
Free will is an illusion, biologist says
http://phys.org/news186830615.html
Where evil lurks: Neurologist discovers 'dark patch' inside the brains of killers and rapists
http://www.dailymail.co.uk/sciencetech/article-2273857/Neurologist-discovers-dark-patch-inside-brains-killers-rapists.html
Date: 06 February 2013 Time: 05:37 PM ET
Brain Area 'Where Evil Lurks' Doesn't Exist: Neurologist
"Is there really a part of the brain "where evil lurks"?
Evil is alive and is lurking in the brains of certain individuals, if you believe news reports linked to a respected German neurologist. The news of the scientist's discovery, however, has attracted some naysayers — including the neurologist himself.
According to The Independent, Dr. Gerhard Roth of the University of Bremen's Brain Research Institute reportedly discovered "the region of the brain where evil is formed and where it lurks" by performing brain scans on violent convicted felons ..."
http://www.livescience.com/26918-gerhard-roth-brain-area-evil.html
The Evil Brain: What Lurks Inside a Killer’s Mind
"Homicidal madmen don’t have much of a capacity for gratitude, but if they did, they’d offer a word of thanks to Charles Whitman. Whitman was the 25-year-old engineering student and former Marine who, in 1966, killed 17 people and wounded 32 in a mass shooting at the University of Texas, before being shot and killed himself by police.
Earlier that day, he also murdered his wife and mother. Criminal investigators looking for a reason for the rampage got what seemed to be their answer quickly, in the form of a suicide note Whitman left at his home ..."
http://science.time.com/2013/05/03/evil-brain/
What Makes a Psychopath? Answers Remain Elusive
http://www.livescience.com/7859-psychopath-answers-remain-elusive.html
What Makes Us Moral
http://www.time.com/time/specials/2007/article/0,28804,1685055_1685076_1686619,00.html
Free will is an illusion, biologist says
http://phys.org/news186830615.html
Where evil lurks: Neurologist discovers 'dark patch' inside the brains of killers and rapists
http://www.dailymail.co.uk/sciencetech/article-2273857/Neurologist-discovers-dark-patch-inside-brains-killers-rapists.html
Date: 06 February 2013 Time: 05:37 PM ET
Brain Area 'Where Evil Lurks' Doesn't Exist: Neurologist
"Is there really a part of the brain "where evil lurks"?
Evil is alive and is lurking in the brains of certain individuals, if you believe news reports linked to a respected German neurologist. The news of the scientist's discovery, however, has attracted some naysayers — including the neurologist himself.
According to The Independent, Dr. Gerhard Roth of the University of Bremen's Brain Research Institute reportedly discovered "the region of the brain where evil is formed and where it lurks" by performing brain scans on violent convicted felons ..."
http://www.livescience.com/26918-gerhard-roth-brain-area-evil.html
Saturday, 5 January 2013
Mens Rea - Valid, Seems So
8:25am Friday 4th January 2013
Policeman cleared of animal porn charges
"A POLICE officer has been cleared of possessing extreme pornographic images.
GR, aged 26, a police officer who was previously based in Farnworth, was accused of having two animal porn videos on his mobile phone.
A jury of seven women and five men at Minshull Street Crown Court, Manchester, yesterday took just 25 minutes to unanimously find him not guilty of the charges.
PC R told the court that the images were sent to him by a colleague while he was doing temporary work at a TV licensing firm in Preston between April and August, 2006."
http://www.theboltonnews.co.uk/news/10140874._/
Porn case PC cleared
http://www.lep.co.uk/news/local/porn-case-pc-cleared-1-5276038
Policeman cleared of animal porn charges
"A POLICE officer has been cleared of possessing extreme pornographic images.
GR, aged 26, a police officer who was previously based in Farnworth, was accused of having two animal porn videos on his mobile phone.
A jury of seven women and five men at Minshull Street Crown Court, Manchester, yesterday took just 25 minutes to unanimously find him not guilty of the charges.
PC R told the court that the images were sent to him by a colleague while he was doing temporary work at a TV licensing firm in Preston between April and August, 2006."
http://www.theboltonnews.co.uk/news/10140874._/
Porn case PC cleared
http://www.lep.co.uk/news/local/porn-case-pc-cleared-1-5276038
Friday, 14 December 2012
Again, So Much For Mens Rea
Friday 14 December 2012
Phone porn sentence u-turn
"A TAXI driver who ended up with a criminal conviction after his mate sent a film of animal porn to his mobile phone has won his fight against a 100-hour unpaid work order.
BAS, 39, Shevington, “did nothing to solicit” the illegal movie and tried to delete it from his phone, but his lack of technological know-how let him down, a London hearing was told.
Having thought he was rid of the illegal bestiality image, he went on to download music to his PC from his phone - along with the extreme porn film.
The image was discovered by police in May last year and he was arrested and his computer seized.
He pleaded guilty to possession of an extreme pornographic image at Liverpool Crown Court in August."
http://www.wigantoday.net/news/local-news/phone-porn-sentence-u-turn-1-5226586
Phone porn sentence u-turn
"A TAXI driver who ended up with a criminal conviction after his mate sent a film of animal porn to his mobile phone has won his fight against a 100-hour unpaid work order.
BAS, 39, Shevington, “did nothing to solicit” the illegal movie and tried to delete it from his phone, but his lack of technological know-how let him down, a London hearing was told.
Having thought he was rid of the illegal bestiality image, he went on to download music to his PC from his phone - along with the extreme porn film.
The image was discovered by police in May last year and he was arrested and his computer seized.
He pleaded guilty to possession of an extreme pornographic image at Liverpool Crown Court in August."
http://www.wigantoday.net/news/local-news/phone-porn-sentence-u-turn-1-5226586
Sunday, 28 October 2012
Be Careful How You Surf, Now
Thursday, October 25, 2012
Swansea man IB sent to jail for storing [sic] indecent images
""There's no suggestion that the images have been stored and there's no suggestion at all that the images had been distributed to others," said Mr Howells.
"He didn't actively seek out child pornography websites," he added.
Terms of 12 weeks were imposed for each of the seven weeks. They will all run concurrently."
http://www.thisissouthwales.co.uk/Swansea-man-Ian-Bailey-sent-jail-storing-indecent/story-17176914-detail/story.html
Swansea man IB sent to jail for storing [sic] indecent images
""There's no suggestion that the images have been stored and there's no suggestion at all that the images had been distributed to others," said Mr Howells.
"He didn't actively seek out child pornography websites," he added.
Terms of 12 weeks were imposed for each of the seven weeks. They will all run concurrently."
http://www.thisissouthwales.co.uk/Swansea-man-Ian-Bailey-sent-jail-storing-indecent/story-17176914-detail/story.html
Friday, 28 September 2012
WTF? Heard Of Mens Rea?
PUBLISHED: 18:05, 27 September 2012 | UPDATED: 00:33, 28 September 2012
The man who sent sex text in error to ALL his contacts... and ended up in prison
"CE, 24, had been jailed for 18 months for inciting a child to engage in sexual activity
Freed after judges hear the messages went out to all his contacts including members of his own family
Tripped up by technology: CE who accidentally sent a sex text to all his contacts and ended up in jail
CE must have thought things couldn’t get any worse after he accidentally sent a saucy text message intended for a lover to every contact in his phonebook.
How wrong he was!"
"He added: ‘The fact that they were repeated shows that he was evidently misguided in the use of his BlackBerry.
‘It is difficult to conclude that he was targeting anyone.
‘There were a number of mitigating factors in this case.’
The judge, sitting with Mr Justice Coulson and Mrs Justice Thirlwall, added that the sentence, which he also reduced to nine months, would be suspended ‘given the unusual circumstances’ and freed [sic] E."
http://www.dailymail.co.uk/news/article-2209553/Swimming-teacher-sent-sex-texts-person-contact-list-didnt-know-use-new-phone.html#ixzz27j5aFIOH
The BlackBerry typo that landed a man in jail
http://www.pcpro.co.uk/blogs/2012/09/28/the-blackberry-typo-that-landed-a-man-in-jail/#ixzz27vaPwOpq
The man who sent sex text in error to ALL his contacts... and ended up in prison
"CE, 24, had been jailed for 18 months for inciting a child to engage in sexual activity
Freed after judges hear the messages went out to all his contacts including members of his own family
Tripped up by technology: CE who accidentally sent a sex text to all his contacts and ended up in jail
CE must have thought things couldn’t get any worse after he accidentally sent a saucy text message intended for a lover to every contact in his phonebook.
How wrong he was!"
"He added: ‘The fact that they were repeated shows that he was evidently misguided in the use of his BlackBerry.
‘It is difficult to conclude that he was targeting anyone.
‘There were a number of mitigating factors in this case.’
The judge, sitting with Mr Justice Coulson and Mrs Justice Thirlwall, added that the sentence, which he also reduced to nine months, would be suspended ‘given the unusual circumstances’ and freed [sic] E."
http://www.dailymail.co.uk/news/article-2209553/Swimming-teacher-sent-sex-texts-person-contact-list-didnt-know-use-new-phone.html#ixzz27j5aFIOH
The BlackBerry typo that landed a man in jail
http://www.pcpro.co.uk/blogs/2012/09/28/the-blackberry-typo-that-landed-a-man-in-jail/#ixzz27vaPwOpq
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