R v Shew

In the case of R v Shew, the appellant was charged with the offence of possessing a computer game that depicted child abuse material. The matter was heard and determined in the Court of Criminal Appeal in Victoria. The primary issue before the court was whether the conviction was safe and satisfactory, given the appellant's failure to provide evidence during the trial. The court was also required to consider whether the evidence presented was sufficient to prove the appellant's knowledge of the nature of the material in the computer game.

The court noted that the appellant chose not to testify, which meant that the only evidence against him was the evidence of the police officers and the expert witness. The court emphasised that a conviction cannot be based solely on circumstantial evidence unless it is so strong that it excludes every other reasonable hypothesis. The court concluded that the evidence presented did not establish the appellant's knowledge of the nature of the material beyond reasonable doubt. The court found that the conviction was unsafe and unsatisfactory, as the prosecution failed to prove the essential element of the offence – that the appellant "knowingly" had possession of the computer game.

The appeal was allowed, and the conviction was quashed. The court did not consider it necessary to order a retrial, as the evidence presented was not sufficient to prove the appellant's knowledge beyond reasonable doubt. The court's decision highlights the importance of the prosecution proving all elements of an offence beyond reasonable doubt, and the court's cautious approach to convictions based on circumstantial evidence.