Trojan Downloads Illegal Content?

Here's a particularly nasty tale - a man has been charged with numerous counts of possessing illegal material. The interesting thing here is that he claims a hacker put that material there in the first place. As we've seen, this is not beyond the realms of possibility - Yapbrowser is now an oft-cited case where the end-user had no idea using that application would open up illegal material on their PC. I imagine there's quite a lot of people out there who may well end up in situations like the above through no fault of their own, but of course we need to be careful that this doesn't become an "easy way out" excuse for people actively looking for this kind of dreadful content.

This Spyware thing's never straightforward, is it?