A conviction for child homicide based on expert medical evidence of inflicted head trauma is not rendered unsafe merely because the prosecution case involved features associated with the 'triad' (subdural haemorrhages, retinal haemorrhages, and encephalopathy), where the experts employed a rigorous process of differential diagnosis extending beyond those three features. The hypothesis that an infant's death was caused by unknown medical causes does not rise above mere speculation where solid medical evidence supports the diagnosis and comprehensive testing has been undertaken. Draft expert reports and correspondence between Crown experts that were referenced in the expert report provided to the defence before trial constitute 'new' rather than 'fresh' evidence.
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