Page 462 - Magistrates Conference 2019
P. 462

SIMILAR FACT EVIDENCE - SCENARIO










            DISCUSS


            The  Makins’,  a  husband  and  wife,  had  been  charged  with  the


               murder of an infant who had been given into their care by the

               child’s  mother  after  payment  of  a  fee.  The  infant  was  found


               bound and buried in a drain in the backyard of a neighbouring

               property. The accused alleged that they had received only one

               child to nurse, that they had received payment and that after a


               few weeks, it was given back to the parents. However, it was soon

               discovered  that  there  were  in  fact  12  babies  buried  in

               neighbouring  properties  connected  to  the  Makins'.  They


               appealed  after  the  admission  of  evidence  of  five  women,  who

               stated that they had intrusted other children to the accused, who


               had never been seen again.


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