Vicky Smith-Swain Secures Acquittal in Multi-Handed Baby Shaking Case

September 21, 2023

Vicky Smith-Swain from Exchange Chambers successfully secured the acquittal of her client, who was charged with causing or allowing serious injury to a child under s.5 of the Domestic Violence Crime and Victims Act 2004. The case revolved around allegations of abuse directed towards their 11-week-old baby, who was born prematurely at 31 weeks gestation.

The prosecution contended that the infant had suffered abuse on at least two separate occasions following his premature birth and that the injuries sustained were either caused or foreseen by the defendants. The child had sustained three separate sites of significant injury including multiple subdural and subarachnoid haemorrhages (bleeds in the brain), a rib fracture and a 360 degree tear to the retina leading to blindness and an enlarged eye.

Vicky Smith-Swain, renowned for being a robust advocate and her expertise in complex criminal defense cases, successfully dismantled the prosecution’s case through meticulous cross-examination of experts across various medical fields.

The case was over 7 years old and had been delayed due to the impact of the Covid 19 pandemic on the Courts and other complications with witness unavailability. This case underscores Vicky Smith-Swain’s dedication to upholding the principles of fairness and the presumption of innocence within the criminal justice system.