The appellant appealed his convictions on two counts of assault causing bodily harm relating to his two-month-old infant, who suffered 12 rib fractures on two separate occasions.
The appellant argued the first verdict was unreasonable and the trial judge misapplied the W. (D.) principles, and that the second verdict involved an error in applying the test for implied consent during an attempt to administer CPR.
The Court of Appeal dismissed the appeal, finding the trial judge's factual findings reasonable, the W. (D.) principles properly applied, and that the force used during the alleged CPR was excessive, vitiating any defence of implied consent.
