Deletion of digital images with explicitly sexual content from a mobile phone, when considered in the context of all the evidence including DNA evidence and the accused's explanation, is capable of constituting incriminating conduct under s 20(1)(b) of the Jury Directions Act 2015. The admissibility of such evidence is not defeated by the prosecution's inability to establish the precise time of deletion, provided the evidence as a whole supports the inference of consciousness of guilt.
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