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Murder: Sentencing

Document Cited authorities 7 Cited in Related
AuthorAndrew Beetham
Published date01 August 2006
Date01 August 2006
DOIhttp://doi.org/10.1350/jcla.70.4.297
The nature, distribution and severity of the resulting pathology depend not
only on the angular acceleration magnitude, but also on its direction, onset
rate and duration. (at [90])
Loads, forces, data concerning orientation at impact, kinematics of the
baby’s body, understanding of the impact surface and the anatomical
impact locations (at [92]) are all essential considerations. These con-
siderations appear to have been largely neglected in previous cases.
On one hand to identify every assumption upon which an opinion is
based would be virtually impossible, extremely laborious and burden
the jury with issues of peripheral significance. Equally, though, if testi-
mony extends to the degree of force required to effect injury then some
analysis as to biomechanics could, in future cases, be expected.
A further issue, of frequent recurrence, is that experts must limit
testimony to matters within their expertise. Professor Whitwell correctly
noted that expertise, as a pathologist, did not permit her to comment on
the interpretation of radiological evidence (at [225]). In juxtaposition,
Dr Angie Wade criticised statistics used by Professor Morris. She noted
that Professor Morris is a pathologist not a statistician (at [134]). The
court, by approving The Ikarian Reefer, helpfully confirmed that experts
should limit testimony to matters within their expertise. This is to be
welcomed.
Finally, counsel for Rock submitted that Dr Jaspan had diluted his
testimony. Under cross-examination Dr Jaspan noted:
in medicine there is never a hundred per cent certainty. So, if I was asked
is there a hundred per cent certainty . . . I would have to be honest and say
no . . . (at [159])
The court correctly noted:
the submission as to moderation of language is correct as far as it goes; but
we do not think it goes very far. Doubtless, as expert thinking has evolved,
so, rightly, the language has moderated and become less graphic or emo-
tive. Those are welcome developments. (at [181])
It is to be hoped that experts are becoming aware of the limitations of
their testimony and couching opinion in more appropriate terms.
Adam Wilson
Murder: Sentencing
Attorney-General’s References (Nos 108 and 109 of 2005); R vSwindon and
Peart [2006] EWCA Crim 513
The victim, who suffered from learning difficulties, befriended the
younger sister of Swindon. On the day of the offence, the defendants,
Swindon and Peart, waited for the victim outside his home. After he
entered, they knocked on his door and forced their way inside. The
victim was subjected to a sustained assault over a period of hours: his
Murder: Sentencing
297

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