202304552 B1 - [2025] EWCA Crim 1051

On 13 November 2023 at the Crown Court at Maidstone, before Cavanagh J and a jury, the applicant, Sian Hedges, was convicted of the murder of her son, Alfie Phillips. At the time of his death on 28 November 2020 Alfie was 18 months’ old. The applicant’s partner, Jack Benham, was convicted of Alfie’s murder at the same trial.

On 2 July 2025 we heard a renewed application for leave to appeal against conviction by the applicant. The essential issue raised (the admissibility of expert forensic odontologist evidence as to bite marks) was fully argued below. We had the benefit of the excellent written submissions that were made to the judge and of the judge’s detailed reasons for refusing to exclude that expert evidence. We also had the benefit of Ms Martin KC’s concise and considered submissions on the applicant’s behalf before us. We concluded that the judge’s reasons for admitting the evidence were unimpeachable and it was not arguable that the applicant’s conviction was unsafe. We accordingly refused leave, for the reasons that follow. We give leave for this judgment to be cited as our observations on the matters we have considered may be germane if similar issues are raised in future cases.