Complex area
Shaken Baby Syndrome is a complex and controversial subject, which attracts significant media attention given that it is often said to be a parent or family member who has inflicted the diagnosed injuries on usually a very young baby.
However, there are many medical experts and legal practitioners who strongly believe that SBS is over diagnosed due to a willingness by clinicians to rely too heavily on the triad as a diagnostic tool. In July 2005 the Court of Appeal heard four appeals of SBS convictions; one manslaughter conviction was quashed, a grievous bodily harm conviction was quashed, a murder conviction was substituted with manslaughter, and a manslaughter conviction was upheld.
Stephensons represented three of the four appellants in the landmark ruling where the Court found that the classic triad is not 100% diagnostic of SBS and that clinical history should also be considered. The Court commented:
"Whilst a strong pointer to NAHI (non-accidental head injury) on its own we do not think it is possible to find that it must automatically and necessarily lead to a diagnosis of NAHI. All the circumstances, including the clinical picture, must be taken into account".