Source: All England Reporter
Publisher Citation: [2005] All ER (D) 333 (Nov)
Neutral Citation: [2005] EWCA Crim 3001
Court: Court of Appeal, Criminal Division

Hooper LJ, Jack J and Judge Gordon

Representation Philip Katz QC and Alexandra Ward (instructed by Fosters Solicitors) for the defendant.
  William Coker QC and Christopher Morgan (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 24 November 2005


Criminal evidence - Trial - Witness - Murder - Cause of death - Expert evidence - Purpose of post-mortem reports - Whether evidence that particular finding being consistent with a conclusion having probative value.

The Case

A review of the development and bases of the prosecution expert's views and evidence that the victim had been smothered by the defendant established first that his conclusions were not founded in such a way that they could be safely relied on by the jury, and second, that the way that his evidence had been presented, the points which he had made, and the manner of making them, might well have caused the jury to have given inappropriate weight to aspects of his evidence. Accordingly, the defendant's conviction for murder was unsafe.

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