21/07/2005

Convictions quashed in 'shaken baby' cases

Two convictions in so-called "shaken baby" cases have been quashed and in a third case the sentence has been reduced on appeal.

A conviction for manslaughter against 36-year-old Lorraine Harris from Long Eaton in Derbyshire was quashed. A conviction for grievous bodily harm against 34-year-olf Michael Faulder of Gateshead was also quashed at the Court of Appeal.

In the third case, that of Raymond Rock of Great Yarmouth in Norfolk, a murder conviction was reduced to manslaughter with a sentence of seven years. Rock has already served six years and would be eligible for release.

A fourth appeal, concerning a manslaughter conviction in regard to Alan Cherry, was dismissed.

The convictions hinged on expert medical evidence and the three Judges on the review panel directed that the presence of the trio of symptoms held to be typical of "shaken baby syndrome" did not automatically imply that a crime had committed.

The three symptoms, swelling of the brain, bleeding around the brain and skull and bleeding in the retina, had been put forward as typical of "shaken baby syndrome." The jury in each of the case had been asked to infer that these symptoms had been as a result of violent handling. However following the successful appeal earlier this year by Angela Cannings against a conviction for the murder of her two sons, the Attorney General had ordered a review of the four cases.

The appeal review has potential implications for around 90 other similar cases.

(SP/GB)

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