R v. Sharpe Practice Exam Complete Questions And Correct Verified Answers.
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Module
ABCFP
Institution
ABCFP
Facts? - correct answer - Sharpe charged with possession of child porn
- Argued that possession violates his freedom of expression `
What happened throughout the trials? - correct answer - Sharpe won at trial
- Judge m...
Facts? - correct answer - Sharpe charged with possession of child porn
- Argued that possession violates his freedom of expression `
What happened throughout the trials? - correct answer - Sharpe won at trial
- Judge maintained that there are problems with law with respect to simple possession
- Court of appeal agreed
What are the issues facing the court? - correct answer 1. Is possession of expressive
material protected by right to freedom of expression?
2. Does prohibiting possession infringe the right to liberty
What was the decision? - correct answer Appeal allowed and sharpe lost
Reasoning? - correct answer - Can violation be justified?
1. Pressing and substantial
- Goal is to protect children from harm so clearly is is substantial
2. 1 Rationale connection between child pornography and harm to children
- Dont need to show causation here just assumed that it causes issues
2.2 The violation is a minimal impairment but there are two exceptions
1. Creating written or visual material from own imagination for own personal use by accused
2. Creating material for accused for own personal use (sex video depicting onself not doing anything
unlawful and for one's own use)
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