Where multiple unexplained infant deaths occur in the same family, the deaths constitute 'related events' for the purposes of coincidence evidence under s 98 of the Evidence Act 1995 (NSW), and evidence of each death is admissible in relation to the other counts. The English decision in R v Cannings does not require quashing of convictions where, unlike in Cannings, there is evidence of ill-temper, ill-treatment and diary entries amounting to admissions. Expert evidence that multiple unexplained infant deaths in one family is unprecedented in medical experience is admissible as opinion evidence based on the witnesses' experience and knowledge of the literature. Cumulation of sentences for multiple murder convictions must not produce an overall result so crushing as to effectively constitute a life sentence where the sentencing judge has determined that a life sentence is not warranted.
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