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It's an argument that has been used in appeals for some years now. One that succeeded in December 2010 is now considered to be one of the leading cases - a CCRC referral to CA.
It depends on how the judge interpreted the expert's report in summing up the evidence as well as how the expert put it in her or his report.
The Crown will still routinely push cases through because, of course, some of the signs of injuries that can be put down to 'natural variants' can also be genuinely, signs of abuse.People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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