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R v Jorgensen
''R v Jorgensen'', () 4 S.C.R. 55 is a Supreme Court of Canada decision on the knowledge requirement for criminal offences. The Court held that the offence of "knowingly" selling obscene materials requires that the accused be aware that the dominant characteristic of the material was the exploitation of sex and that he knew of the specific acts which made material obscene. Where the accused has a suspicion of the dominant characteristics or specific acts of the material but decided not to make any further inquiries than the accused will be deemed to have known of the material's content. This decision confirms much of what was held in the earlier case of ''R. v. Sansregret''.
==Background==
Jorgensen was the owner of an adult video store in Ontario. Undercover police officers purchased several videos from his store, several of which depicted explicit sexual scenes coupled with violence. All of the videos in question had been approved by the Ontario Film Review Board (OFRB). Nonetheless, Jorgensen was charged with eight counts of "knowingly" selling obscene material "without lawful justification or excuse" contrary to s. 163(2)(a) of the ''Criminal Code''.
The trial judge found three of the videos to be "obscene" under s. 163(8), and the accused was convicted. The decision was upheld at the Ontario Court of Appeal.
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