| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2021 0060 |
| JOBY ROWE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | EMERTON P, PRIEST and KENNEDY JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 17 July 2023 |
| DATE OF JUDGMENT: | 18 August 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 193 |
| JUDGMENT APPEALED FROM: | DPP v Rowe (Supreme Court of Victoria, T Forrest JA, 3 August 2018) |
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CRIMINAL LAW – Appeal – Conviction – Child homicide – Death of infant in applicant’s care – Whether jury verdict unsafe, unsatisfactory or unsupported by evidence – Where Crown alleged infant died from inflicted head trauma – Whether Crown relied upon evidence of ‘triad’ of symptoms to support diagnosis – Whether jury could exclude possibility death caused by choking – Whether jury could exclude possibility death caused by unknown medical cause – Verdict open to jury – Extension of time to file notice of application for leave to appeal refused.
CRIMINAL LAW – Appeal – Conviction – New evidence – Evidence of correspondence between expert witness and colleagues – Where evidence referred to in expert report in applicant’s possession at trial – Evidence does not raise such doubt about guilty verdict that verdict should not be allowed to stand.
Bowden (a pseudonym) v The Queen (2017) 54 VR 135, Vinaccia v The Queen [2022] VSCA 107, R v Baden-Clay (2016) 258 CLR 308, applied.
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| Counsel | ||
| Applicant: | Mr RF Edney with Ms V Drago | |
| Respondent: | Mr J Lewis with Ms J Wang | |
Solicitors | ||
| Applicant: | Doogue & George Pty Ltd | |
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | |
TABLE OF CONTENTS
Introduction
Facts and procedural history
Alanah’s death, and the events leading up to it
The applicant’s police interviews
The expert evidence at trial
Dr Iles
Dr Lim Joon
Dr Tully
Ground 3 — failure to disclose drafts of expert report and emails
Submissions
Discussion
Ground 4 — verdict unsafe, unsatisfactory or not supported by evidence
Discussion
The triad
Choking and other causes
Unknown causes
Conclusion
EMERTON P
PRIEST JA
KENNEDY JA:
Introduction
On 3 August 2018, the applicant was convicted of one count of child homicide. The victim, Alanah Rowe, was three months’ old at the time of her death. The applicant was Alanah’s father. At the time, he had been in a relationship with Alanah’s mother, Stephanie Knibbs, for about 12 months.
Between approximately 10 am and 2:30 pm on 29 August 2015, Alanah was in the care of the applicant while Stephanie was at work. When Stephanie returned home at approximately 2:30 pm, Alanah was unwell. Stephanie saw that Alanah was pale and gasping for air. She immediately called for help from her step-mother, Joy Knibbs, who told her to ring 000 and administered CPR until paramedics arrived and took over.
Alanah was air-lifted to the Royal Children’s Hospital. By then, she required assistance to breathe. The following day, 30 August 2015, Alanah’s life support was removed.
Examinations revealed that Alanah had the following conditions:
(a)subdural haemorrhages in the brain;[1]
(b)subdural…
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- AGLC
- Joby Rowe v The King [2023] VSCA 193
- Case
- [2023] VSCA 193
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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