Burridge v R.

Burridge v R.

Fresh expert evidence from Professor Malcolm raises sufficient doubt about the degree of force required for rib fractures, particularly the 5th right rib, such that the conviction for murder is unsafe. However, the evidence still supports a conviction for manslaughter due to unlawful force causing death. All other grounds of appeal are rejected.

Parties
Appellant: Michael Dennis Burridge; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
02 December 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Conviction for murder quashed; conviction for manslaughter substituted; sentence imposed.
Legal Topics
Murder, Manslaughter, Child Homicide, Fresh Evidence, Expert Evidence, Bad Character Evidence, Sentencing
Criminal Law Murder Manslaughter Child Homicide Fresh Evidence Expert Evidence Bad Character Evidence Sentencing

Case Brief

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Parties

Michael Dennis Burridge

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh expert evidence renders the conviction for murder unsafe
  2. 2 Whether rib fractures could have been caused by CPR or were non-accidental
  3. 3 Whether the triad of injuries (subdural haemorrhage, retinal haemorrhage, encephalopathy) could be explained by accidental or unknown causes

Ratio Decidendi

Fresh expert evidence from Professor Malcolm raises sufficient doubt about the degree of force required for rib fractures, particularly the 5th right rib, such that the conviction for murder is unsafe. However, the evidence still supports a conviction for manslaughter due to unlawful force causing death. All other grounds of appeal are rejected.

Court Disposition

Conviction for murder quashed; conviction for manslaughter substituted; sentence imposed.

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted