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Macur LJ:
The provisions of s.45 /45A Youth Justice and Criminal Evidence Act 1999 are engaged in this case. The publication of any information which may lead to the identification of the victim MT as being involved in these proceedings, including but not restricted to his name, address, or school, is prohibited. This judgment will be anonymised accordingly. In addition, the names of his siblings, who are mentioned in the course of this judgment, should not be reported. All three children are, or have been, subject of public law family proceedings and are therefore accorded anonymity by virtue of section 97 of the Children Act 1989.
The applicant seeks permission to appeal against her conviction on 13 October 2017 for “causing or allowing the serious physical harm of a child”, contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004, and, necessarily, an extension of time in which to do so. Her applications are dependent upon “fresh” evidence from herself, Dr Clifford, a Specialist Clinical and Research Psychologist, and Dr Jones, a Biomechanical Engineer. The thrust of her application is that her evidence at trial was false and compromised by reason of the control and coercive behaviour exerted by her then partner the co-defendant. The truth, as she now asserts it to be, about the events in question which gave rise to her conviction presents the different scenario upon which Dr Jones’ biomechanical professional opinion proceeds and which, she says, supports the possibility that MT’s injuries were accidental and not deliberately caused.
The respondent resists the applications and makes submissions arising from aspects of the family proceedings which are revealed in the Family Court judgment handed down before trial, having obtained permission to disclose the same into this appeal pursuant to Family Practice Direction 12J. In short, the respondent submits that the expert reports of Dr Clifford and Dr Jones are dependent upon the veracity of the applicant’s inconsistent accounts.
Ms Ahluwalia and Ms Emma Torr appears on behalf of the applicant. Mr Price QC appears on behalf of the respondent.
The Facts
In June 2016 the applicant, then aged 29, lived with her partner, the co-defendant, her two older children, M aged seven and T aged eight and their young baby son “MT”, who had been born on 8th May 2016. In the early hours of 24th June 2016 their next-door neighbours, heard an argument and shortly thereafter the co-defendant knocked on