Donald Jerry Barabash v. Her Majesty the Queen

Supreme Court Hearings

Donald Jerry Barabash v. Her Majesty the Queen

Case # 35977
Donald Jerry Barabash v. Her Majesty the Queen (January 16, 2015)
Case # 36064
Shane Gordon Rollison v. Her Majesty the Queen (January 16, 2015)

At issue is the trial judge’s interpretion of the “private use exception.” The appellants in both these cases were both acquitted of making child pornography involving two 14-year-old girls. The trial judge applied the supreme court’s 2001 ruling R. V. Sharpe to acquit the appellants. They were acquitted on the basis that the video was for private use only and the age of consent at the time was 14.