For a charge of possession of child pornography under s 91H of the Crimes Act 1900 (NSW), where the data has been 'deleted' from a computer hard drive, the Crown must prove that the accused knew the data still existed on the hard drive and knew how to retrieve it. Data that has been deleted and is not accessible without special retrieval software not installed on the computer is not in the intentional possession of the accused. The English decisions in R v Porter and Atkins v DPP are persuasive authority on this point in NSW.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.