Matthew David Bounds

Posted: October 18, 2012 by Serendipity in Western Australia

 

http://www.news.com.au/story/0,10117,19852551-29277,00.html

Court appeal on child porn lost

From: AAP

July 20, 2006

A MAN convicted of possessing more than 100 images of child pornography has lost a High Court appeal after some evidence was mistakenly put before a jury trial.

The court has dismissed the appeal by West Australian Matthew David Bounds, finding the case against him was overwhelming.

Bounds was charged in mid-2001 with possessing child pornography and indecent or obscene articles on his computer at the southern WA port town of Esperance.

He was an external student at Perth’s Curtin University at the time, and operated a computer at the town’s community college.

The university’s system administrator turned up 105 pornographic images while checking the files of students storing large amounts of data, along with 11 other images considered obscene or indecent.

Bounds was charged with an indictable offence under WA’s Censorship Act, and a second count which alleged a “simple offence” under the Act.

He was presented with an indictment for both offences in May 2003 and denied storing the material on his computer, claiming someone else had learned or guessed his password.

A WA District Court jury found him guilty and he was given a 24-month suspended jail sentence on each of the two charges.

He later appealed to the state’s Court of Criminal Appeal, arguing the conviction and sentence on the second charge should be quashed because the offence should not have been tried on an indictment.

The appeal court agreed and quashed the conviction on the second count, but also ruled that the admission of evidence on that charge had caused no substantial miscarriage of justice.

Bounds then appealed to the High Court, but in a 4-1 majority ruling the judges found he had not been disadvantaged.

They found there was no other person identified who could have stored the images in Bounds’ personal directory.

 

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