Res gesta

Question 1

The doctrine of res gesta is considered a principle of completeness. Discuss.

Answer 1

1. Evidence is only admissible if it is relevant.
2. Evidence is relevant if there is a sufficient rational connection, direct or indirect, between the information and the fact in issue.
3. A fact in issue is identified by reference to the offence or cause of action (subject to admissions).
4. The doctrine of res gesta broadens the fact in issue, beyond the offence or cause of action, to include all facts…which form constituent parts or ingredients of the transaction itself or explain or make intelligible the course of conduct perused.
5. The boundary of res gesta may be extended depending on definition of the charge, breadth of allegation, or the matter of pleadings.
6. The rationale being if a fact in issue was too narrowly define the testimonial picture would be incomplete, unintelligible, or incredible.

Question 2

The boundaries of a res gesta may be extended by:

Answer 2

the definition of the offence charged, the breadth of the allegation, or the manner in which a claim or defence is pleaded

Question 3

Do discreditable acts other than the one charge form part of a res gesta? (hint two cases)

Answer 3

Yes

R v Vidic: Defendant assault driver of car. The defendant than immediately rammed another car (act of aggression). This was held to be part of the res gesta of the assault.

R v Fleming: Defendant robbing two separate people at different locations two hours apart was not apart of the res gesta.