Evidence of factitious disorder (Munchausen's Syndrome) by proxy is inadmissible as expert evidence in criminal proceedings because it is not a recognised psychiatric disorder but merely a descriptive label for behaviour within ordinary juror comprehension. Treating doctors may give evidence of the history of treatment, unexplained symptoms, suspected third-party interference, and the child's recovery upon removal from the accused's care, but may not diagnose the accused as exhibiting factitious disorder by proxy. For the offence of torture under s 320A Criminal Code (Qld), the jury must be unanimously satisfied of the intentional infliction of severe pain or suffering on at least one particularised occasion; a direction permitting conviction based on different jurors being satisfied of different particularised acts is erroneous.
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