The Court of Appeal (Criminal Division) has given judgment in three appeals involving the death of a baby - see Henderson, Butler, Oyediran v R [2010] EWCA Crim 1269. These are very difficult and emotional cases in which a jury often has to weigh conflicting expert medical evidence. Whilst the jury remains the fact-finding body, the jurors will receive direction from the judge. According to the court, there are two necessary elements in the jury direction: [1] not to overlook a realistic possibility of there being an unknown cause and [2] how to handle conflicting medical evidence. See paragraphs 217 and 218 of the judgment.21 June 2010
Shaken Baby Syndrome
The Court of Appeal (Criminal Division) has given judgment in three appeals involving the death of a baby - see Henderson, Butler, Oyediran v R [2010] EWCA Crim 1269. These are very difficult and emotional cases in which a jury often has to weigh conflicting expert medical evidence. Whilst the jury remains the fact-finding body, the jurors will receive direction from the judge. According to the court, there are two necessary elements in the jury direction: [1] not to overlook a realistic possibility of there being an unknown cause and [2] how to handle conflicting medical evidence. See paragraphs 217 and 218 of the judgment.
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