R v George Joseph Smith

Facts

George Joseph Smith went through a form of marriage with three women in succession. Each was found drowned in a bath shortly afterwards, and in each case he benefited by a will or an insurance. He was tried for the murder of one of them. The prosecution was allowed to prove the other two deaths.

Issue

Can the other deaths be proved on a charge that this death was an accident?

Held

Yes. The Court of Criminal Appeal held that the evidence was admissible to show a system, and to negative accident. The conviction was upheld. He was hanged.

Principle

Where the other acts are so similar that accident becomes an affront to common sense, they may be proved to show design.

Why it matters

R v Smith, the brides in the bath, is the accident category under Makin.

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