Harris & Ors, R v

Harris & Ors, R v

The convictions of Harris and Faulder were found unsafe due to the impact of fresh expert evidence, unresolved medical controversies, and significant changes in the Crown's case, leading to the quashing of their convictions. In Rock's case, the conviction for murder was found unsafe and substituted with manslaughter due to insufficient evidence of intent to cause grievous bodily harm. Cherry's conviction for manslaughter was upheld as the evidence, including subdural haemorrhages and multiple bruises, supported the jury's finding of unlawful act causing death.

Parties
Prosecution: R; Appellant/defendant: Lorraine Harris; Appellant/defendant: Raymond Charles Rock; Appellant/defendant: Alan Barry Joseph Cherry; Appellant/defendant: Michael Ian Faulder
Jurisdiction
England and Wales
Judgment Date
21 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals of Harris and Faulder allowed; convictions quashed. Rock's appeal allowed in part; murder conviction quashed and manslaughter substituted. Cherry's appeal dismissed; conviction upheld.
Legal Topics
Manslaughter, Murder, Inflicting Grievous Bodily Harm, Fresh Evidence, Expert Evidence, Non Accidental Head Injury (nahi), Shaken Baby Syndrome (sbs)
Criminal Law Manslaughter Murder Inflicting Grievous Bodily Harm Fresh Evidence Expert Evidence Non Accidental Head Injury (nahi) Shaken Baby Syndrome (sbs)

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Parties

R

Prosecution

Lorraine Harris

Appellant/defendant

Raymond Charles Rock

Appellant/defendant

Alan Barry Joseph Cherry

Appellant/defendant

Michael Ian Faulder

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether fresh medical evidence renders the convictions unsafe
  2. 2 Whether the triad of injuries (encephalopathy, subdural haemorrhages, retinal haemorrhages) is diagnostic of non-accidental head injury
  3. 3 Whether the degree of force required to cause the injuries could be accidental or must be unlawful

Ratio Decidendi

The convictions of Harris and Faulder were found unsafe due to the impact of fresh expert evidence, unresolved medical controversies, and significant changes in the Crown's case, leading to the quashing of their convictions. In Rock's case, the conviction for murder was found unsafe and substituted with manslaughter due to insufficient evidence of intent to cause grievous bodily harm. Cherry's conviction for manslaughter was upheld as the evidence, including subdural haemorrhages and multiple bruises, supported the jury's finding of unlawful act causing death.

Court Disposition

Appeals of Harris and Faulder allowed; convictions quashed. Rock's appeal allowed in part; murder conviction quashed and manslaughter substituted. Cherry's appeal dismissed; conviction upheld.

Orders

  • Lorraine Harris: Conviction quashed.
  • Raymond Charles Rock: Conviction for murder quashed; conviction for manslaughter substituted. Sentence to be determined.