Res Gestae

Question 1

What is res gestae?

Answer 1

Exception to hearsay rule @ common law

Meaning— remarks relating to a particular act

Question 2

Applicable to 4 situations :

Answer 2

1) spontaneous statements - made by participant in an act
2) spontaneous statements - which accompany and explain a relevant act
3) spontaneous statements - showing the maker’s contemporaneous state of mind
4) spontaneous statements— of contemporaneous physical sensations felt by the maker

Question 3

1) statement made by participant in an act

Answer 3

PREVIOUSLY, Strict approach
R v Beddingfield :

• accused murdered wife -cut throat
  -claimed suicide
  -met 2 women — “see what Harry has done”
• died few mins later- only person in the room was the accused
  Held -INADMISSIBLE— “wasn’t part of anything done”

LESS strict approach NOW: Ratten V R- Lord wilberforce

“Get me the police “ statement

Factors :
—Statement made in circumstances of spontaneity
—- possibility of concoction disregarded

Question 4

Reasoning from Ratten v R- applied in R vAndrews ( LEADING MODERN CASE) facts and criteria

Answer 4

— facts :

Andrew’s charged— man slaughter and burglary — accomplice
— victims door — covered by blanket —-stabbed —- stole property
— victim—- went to flat below —before dying —-named attacker

Lord Ackner : gave 4 criteria to determine admissibility of victims statement

1) possibility of concoction/ distortion is disregarded
2) circumstances — unusual/startling —to dominate thoughts
3) Time factor— close relation to event
4) motive to fabricate / concoct

Question 5

R v Carnall

Answer 5

— victim stabbed—crawled for 1 hour to help
—named accused twice as attacker
—once to witness
—-second time to police

ADMISSIBLE

Question 6

If not admissible as res gestae statement — then admissible as dying declaration

Answer 6

Dying declaration —- made in relation to the cause of death

—admissible in murder or manslaughter case
—-victim of homicide
—declaration can be made —- orally/ in writing

Question 7

Dying declaration : R v Mooney

Answer 7

—accused —charged with manslaughter
—-deceased’s doctor—-told her —she was seriously I’ll
—her clergyman—told her—to prepare for death
—she had not told anyone she was dying
—-court held — declaration —- INADMISSIBLE

REASONING: must be under clear impression they are dying

Question 8

Factors

Answer 8

— statement contemporaneous with the act

—- maker not available to give evidence

—admissible as proof of the truth of their contents

Question 9

R v Ratten

Answer 9

“ get me the police” statement

— wife’s statement to telephone operator
—- gun accidentally went off—- while it was being cleaned —by husband
—-wide to telephonist —get me police
Hearst implied that police were needed
—modern view—hearsay allowed —ADMISSIBLE