The appellant pleaded guilty in 1992 to criminal negligence causing the death of his infant son, based on flawed expert evidence from Dr. Charles Smith regarding Shaken Baby Syndrome.
Following the Goudge Inquiry, fresh expert evidence revealed that the infant's death was likely caused by natural disease processes or birth trauma, and that the triad of symptoms relied upon by Dr. Smith was not diagnostic of non-accidental head injury.
The Crown conceded the appeal.
The Court of Appeal admitted the fresh evidence, set aside the guilty plea to prevent a miscarriage of justice, quashed the conviction, and entered an acquittal.
