The court determines whether an injury was accidental or inflicted (non-accidental) by carefully examining all available evidence and applying the legal standard known as the “balance of probabilities.” This means the judge must decide whether it is more likely than not that the injury was caused deliberately rather than by accident.
Key steps in the court’s determination process:
- Gathering Evidence: The court reviews a wide range of evidence, including:
- Medical reports and expert opinions on the nature and likely cause of the injury.
- Statements and accounts from parents, carers, and any witnesses.
- Social services and police investigations.
- Expert Medical Assessment: Medical professionals play a crucial role by identifying injuries that are inconsistent with accidental explanations, such as certain patterns of bruising, fractures, or head injuries. They also consider whether there could be underlying medical conditions that might explain the injuries.
- Finding of Fact Hearing: The court often holds a specific hearing to establish the facts. Here, the judge considers all the evidence and decides, on the balance of probabilities, whether the injury was accidental or inflicted.
- Assessment of Credibility: The judge evaluates the reliability and consistency of witness testimony. Differences in accounts are examined, but the judge must be careful not to place undue weight on minor inconsistencies, as people may recall events differently.
- Pool of Perpetrators: If it is clear the injury was inflicted but the court cannot identify the exact perpetrator, it may determine a “pool of perpetrators”—those who had the opportunity to cause the injury during the relevant timeframe. The court must consider whether there is a real possibility that each individual in the pool could have inflicted the injury.
- Legal Standard: In family court, the standard is the balance of probabilities (more likely than not). In criminal court, the standard is higher—beyond reasonable doubt.
“Once all the evidence is available, the Court will determine the cause of the injury, on the balance of probabilities, and whether they were accidental or inflicted (non-accidental) in nature. In cases where inflicted injuries are found, the Court will consider whether a perpetrator can be identified.”
In summary:
The court’s decision relies on a thorough review of medical and factual evidence, expert testimony, and witness accounts, with the judge ultimately deciding which explanation for the injury is more probable. If the evidence points to an inflicted injury but the perpetrator cannot be identified, the court may name a group of possible perpetrators rather than a single individual.
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