CMN 3105 Lecture Notes - Lecture 10: Reverse Onus, The Butler, Sex Club
14 Nov 2017
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The test in little sisters is developed in the butler case, then developed further in the butler case. Butler to little sisters, shift from previous tests, which were based on morality: prior to butler, they assessed morality, whether or not obscene, indecent acts were morally corrupt. This goes back to hickling, an 1800s case. Butler test was a shift from the traditional approach. They argued it needs to be more objective. The sex club wasn"t in fact indecent. Summary, right at the top highlight: the national community standard of relates to harm not taste above that put harm-based. As a result of being exposed to the indecent acts. Incompatible with its proper functioning : must be incompatible with society"s proper functioning. ): right to be presumed innocent: another key charter section - section 15: equality rights. In this case, the onus fell on the importer that the materials were.
