Dr. William Halliday

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.

The appellant appealed a conviction for manslaughter by criminal negligence in connection with the death of a foster child.

The child died from blunt force trauma inflicted by the appellant's spouse.

The appellant was acquitted of a second count of manslaughter by failing to provide the necessaries of life.

The Court of Appeal held that the two verdicts were inconsistent and unreasonable because the evidence and legal elements underlying both charges were inextricably wound up, relying on the same failure to protect the child.

The appeal was allowed and a new trial was ordered.