Wednesday, June 12, 2019
Leading discussion Assignment Example | Topics and Well Written Essays - 1500 words
Leading discussion - Assignment ExampleThe defendant possessed a big collection of videos and photographs containing nude teenage boys involved in uncensored activities. Sharpe invoked the actions of the prosecutor as a violation of his right to freedom of expression, trying to prove the in-constitutionality of the Criminal inscribe provisions prohibiting possession of materials containing child pornography. Sharpe make an intensive attempt to refute the prosecutors arguments and to prove that he is not guilty of anything. The main(prenominal) legal issues that start out arisen in this case regarded the by-line a) is the possession of child pornography protected by the right to freedom of expression? b) are the provisions of the Criminal Code of Canada somehow infringing the liberties guaranteed by the spirit?2. Courts ruling The Court was forced to face and solve a constitutional challenge, aroused by a child pornography fan, which would have formed a powerful precedent in Cana dian law. The Court agreed with the defendant in one thing the prohibition of the Criminal Code provisions did represent a limitation of the freedom of expression. Nevertheless, this limitation was necessary in a country where morality is respected and protecting children is one of the main objectives of the whole society. However, the Court decided that possession of child pornography for exclusive personal usage does not harm the child directly, so it should not be outlawed. The charges against Sharpe were dropped, except the ones referring to the photographs. Sharpe was charged with the crimes of gross indecency (article 157 Criminal Code of Canada) and indecent assault against a minor boy (article 156 Criminal Code of Canada).3. My opinion I believe that ownership of child pornography for private usage should be also outlawed and declared as an exception to of the freedom of expression. It is almost insurmountable to control if the owner uses this material for
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