The defendant had been convicted of murdering her children. The substance of the evidence against her was that on a medical expert. His evidence was disputed and later doubted.
Held: Appeal allowed. In general courts should be careful to convict solely on the basis of conflicting and disputed medical evidence.
Judges:
Mrs Justice Rafferty Lord Justice Judge Mr Justice Pitchers
Citations:
[2004] EWCA Crim 1, [2004] 1 FCR 193, Gazette 05-Feb-2004, [2004] 2 CAR 7
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – In re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening) CA 14-May-2004
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the . .
Cited – A Local Authority v S and W and T By her Guardian FD 27-May-2004
A child had died. The father was accused and acquitted of murder by way of shaken baby syndrome. The local authority persisted with an application for care orders for the other children.
Held: ‘I do not claim to have divined truth. I have . .
Cited – Kai-Whitewind, Regina v CACD 3-May-2005
The defendant was convicted of infanticide and murder. The experts differed as to the cause of death. She appealed her conviction saying that the experts in effect cancelled each other out.
Held: Her appeal failed. The jury was entitled to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 December 2022; Ref: scu.192048