R v Joseph Davidson [2024] (Choudhury J)
Instructed by CPS to advise on charge in a case concerning the death of a disabled child, aged 6 years, who drowned in a bath while unsupervised by an adult. Experts in paediatric neurology and paediatrics were instructed to assess the level of the child’s disability and to comment upon the nature and severity of the risk posed to him if he was left unattended in a bath. The child’s father, who was responsible for the child’s care when the drowning occurred, was charged with gross negligence manslaughter. The defendant subsequently pleaded guilty and was sentenced to 32 months imprisonment.
R v Yasharahyalah and Yasharahyalah [2024] (Wall J)
Instructed by CPS to advise on charge in a case concerning the neglect of two young children, Abiyah (aged 3 years 9 months) and Child B (aged 5 months), whom the suspects had failed to provide with adequate amounts of properly nutritious food and necessary medical attention. Abiyah died as a result and his body was secretly buried. His skeletonised remains were discovered two years later. Child B was left with very significant health difficulties. The suspects’ motivation for acting as they did was their prioritisation of a distorted system of beliefs over the children’s welfare. They were prepared to live with any consequences which flowed from their adherence to these beliefs, including the disability or death of the children. The suspects were charged with, and subsequently convicted of, causing or allowing the death of Abiyah, wilfully neglecting both children and doing an act tending and intended to pervert the course of public justice. Experts in forensic anthropology, bone pathology and odontology were called to prove that Abiyah had died in a state of severe malnutrition. Although the medical cause of Abiyah’s death was “Unascertained”, the prosecution was able to prove that, on the facts, severe malnutrition (for which the defendants were criminally responsible) was a more than minimal cause of his death. Experts in endocrinology, gastroenterology, radiology, neuroradiology and paediatric medicine were called to prove that Child B had been denied an adequate supply of adequately nutritious food and necessary medical attention. The defendants were sentenced to terms of 24 years and 6 months and 19 years and 6 months imprisonment, respectively.
R v Michael Davis and Kayleigh Driver [2024] (Cotter J)
Instructed by CPS to advise on charge in a case concerning a baby who, by the time of his death, had sustained 40 fractures. The fatal injury was a broken neck that was sustained between 4 and 8 days prior to death. Experts in 10 areas of clinical medicine and pathology were instructed and advice given that the suspects should be charged with murder and other associated offences.The baby’s father was convicted of murder and two counts of causing grievous bodily harm with intent, and sentenced to life imprisonment with a minimum term of 22 years. The baby’s mother was convicted of causing or allowing a child to die and causing or allowing serious physical harm to a child, and sentenced to 7 years imprisonment.
R v COR and BC [2024] (Choudhury J)
Instructed by CPS to advise on charge in a harrowing case concerning life-changing and life-limiting head injuries to a baby, who also displayed signs of sexual violence upon examination. Experts in 6 areas of clinical medicine were instructed and called to give evidence at trial. The baby’s father was convicted of three counts of causing grievous bodily harm with intent, two counts of child cruelty, one count of causing a child under the age of 13 to engage in sexual activity, two counts of sexual assault of a child under 13 and two counts of taking an indecent photograph of a child, and sentenced to an extended sentence of 25 years imprisonment. The baby’s mother was convicted of two counts of causing or allowing serious physical harm to a child, one count of inflicting grievous bodily harm, two counts of child cruelty, one count of causing a child under the age of 13 to engage in sexual activity and two counts of sexual assault of a child under 13, and sentenced to an extended sentence of 10 years imprisonment.
R v Katie Tidmarsh [2023] (Wall J)
Instructed by CPS to advise on reinstatement of proceedings after a decision made by CPS in 2013 not to prosecute a woman for the alleged killing of her adoptive baby in 2012. Experts in 12 areas of clinical medicine and pathology were instructed and advice given that the suspect should be charged with murder and associated sub-lethal violence. Wall J refused an application to stay the trial as being an abuse of process. The defendant was successfully prosecuted for murder and inflicting grievous bodily harm.
R v Leila Borrington [2023] (Nicklin J)
Instructed by CPS to advise on charge in a case concerning the death from closed head injury of a 3-year-old boy with autism, one feature of which was self-injurious behaviour including head-banging. Experts in 9 areas of clinical medicine and pathology were instructed. The defendant was successfully prosecuted for manslaughter and inflicting grievous bodily harm on the same child on two previous occasions.
R v Paris Mayo [2023] (Garnham J)
Instructed by CPS to advise on charge in a case concerning the death of a newborn baby born to a 15-year- old girl in secret following a concealed pregnancy. Experts in 10 areas of clinical medicine and pathology were instructed, along with two experts in forensic and adolescent psychiatry. The defendant was successfully prosecuted for murder, the jury rejecting the partial defence of infanticide.
R v Laura Heath [2022] (Dove J)
Instructed by CPS to advise on charge in a case concerning the death of a 7-year-old from uncontrolled asthma. Experts in respiratory medicine and pathology were instructed. The child’s mother was charged and convicted of gross negligence manslaughter and child cruelty.
R v Emma Tustin & Thomas Hughes [2021] (Wall J)
Successful prosecution of two defendants for the shocking abuse and killing of 6-year-old Arthur Labinjo- Hughes during lockdown. Emma Tustin was convicted of murder and child cruelty. Thomas Hughes was convicted of manslaughter and child cruelty. The Judge described the evidence as “distressing and disturbing” with the protracted cruelty amounting to “unimaginable suffering”. In an unprecedented gesture, the Secretary of State for Education publicly acknowledged Jonas’ outstanding work in this troubling case in a formal statement to the House of Commons.
R v Haroldas Bugaila [2021] (Baker J)
Instructed by CPS to advise on charge in a case concerning the death of a 2-month-old baby and life- changing brain damage sustained by his surviving twin. Experts in 12 areas of clinical medicine and pathology were instructed. The children’s father was charged and convicted of murder and inflicting grievous bodily harm with intent.