T v R.

LORD JUSTICE STANLEY BURNTON MR JUSTICE EADY and MR JUSTICE FOSKETT ____________________

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Henry James (instructed by the Registrar of Criminal Appeals) for the Appellant Rebecca Wade (instructed by the CPS) for the respondent Hearing date: 9 March 2011 ____________________

(2) If so, whether the appellant had deleted the files on the memory stick with the intention of destroying evidence that might be used in a potential investigation against her husband, and thereby intended to pervert the course of justice.

(1) The judge had been wrong to reject the submission of no case, since there was no evidence that the deletion of the files tended to pervert the course of justice. The police expert had with the aid of specialist software been able to retrieve the names of the deleted files, and their contents, which did not match their titles, in that they did not include child pornography.