Commentary

There have been a number of cases illustrating how fractures are dated. This case illustrates the dating of haemorrhages as well as fractures. The judge’s structure of her judgment enables the reader to see how the analysis of the evidence of the various experts allowed her to find as fact how many incidents of non-accidental injury there were and when they occurred as well as with what force. Although there are no extracts from the experts’ reports or evidence, the judgment illustrates how properly presented expert medical evidence can assist the court in cases of suspected non-accidental injury. The dating of injuries can be of critical importance in cases, as here, where there was more than one potential perpetrator. 

Case

The Local Authority sought a number of findings in relation to the injuries sustained by three children, C1, a girl who is 7, C2, a girl who is 6, and C3, also a girl, who is 1. The Court admitted expert medical evidence in relation to the injuries sustained by C3.

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