Phillips v Police

The Full Court of the Supreme Court of South Australia was asked to decide whether the video tapes in the possession of the appellant were child pornography under the Summary Offences Act, 1953. The Full Court was required to consider whether the video tapes were indecent material in the context of the definition of child pornography. The Full Court found that the films were not inherently indecent as defined in the Act. The Full Court held that the scenes of boys urinating did not offend contemporary community standards of decency. The Full Court found that the repetition of such scenes was not offensive by contemporary Australian standards. The Full Court concluded that the films did not constitute indecent material. The Full Court allowed the appeal and quashed the convictions.