“English Legal Process Coursework – Assume that the Coroners and Justice Bill has been enacted in the form set out below and is in force. – A law student at the University of East Anglia, Brandon Fitzanglia, has been convicted of possessing prohibited images of children contrary to s.56 of the Coroners and Justice Act and has instituted an appeal to the Divisional Court of the Queens Bench Division by the case stated procedure. The case stated and the legislation are reproduced below. Information about the Simpsons can be found at http://en.wikipedia.org/wiki/The_Simpsons – The appellant, Brandon Fitzanglia, is a fictitious person. – Write the judgement of the Divisional Court in no more than 2000 “

The question for the opinion of the High Court, on the stated facts is whether the defendants hard drive contained an image of a child as defined by s.59.

In order to decide whether the case in question involves images of a child the statutory interpretation of the section must be looked at verbatim. In subsection (5) it is stated that the word child refers to any person under the age of 18. Three members of the animated TV series (Bart, Lisa and Maggie) are known to be of ages 10, 8 and 1, thus it is indisputable that they fall under this description. Furthermore, subsection (6) of s.59 supports that the images possessed by the defendant were of children:…(short extract)

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