Makin v Attorney-General for New South Wales

Facts

John and Sarah Makin received infants for small sums, promising to look after them. The body of a baby was found buried in the garden of a house they had occupied. Bodies of other babies were found at other houses where they had lived. They were tried for the murder of one child. Evidence of the other bodies, and of the other payments, was admitted.

Issue

May the prosecution prove other deaths in order to show that this death was not an accident?

Held

Yes. The Privy Council dismissed the appeal. Lord Herschell stated the rule that is still the starting point.

Principle

Evidence of other criminal acts is not admissible merely to show a disposition to commit the kind of crime charged. It is admissible if it is relevant to whether the act was designed or accidental, or to rebut a defence otherwise open.

Why it matters

Boardman and DPP v P develop the test. They do not discard this statement. The categories, accident, identity and innocent association, are applications of it.

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