Res Gestae

Question 1

Morrison
V
HMA

Answer 1

General rule against HE

Any assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact or opinion asserted

Question 2

Red gestae

Answer 2

Set of words so closely connected to fact of facts in dispute that it is said to form part of the disputed facts and is therefore admissible as evidence

Question 3

Red gestae

May be defined as

Answer 3

Whole circumstances immediately and directly connected with the occurrence which is part of facts in issue and thus admissible as evidence

Scope

Words, exclamations, physical reactions

Applies to onlookers, not just those involved

Question 4

Rationale

Answer 4

Lies in the perception that spontaneous words and reactions from a person involved or witness to incident

Are less liked to be fabricated and thus are more trustworthy

Question 5

Teper
V
R

Per lord Normand

Answer 5

Words must be if not absolutely contemporaneous with action or event, at least so closely associated with it in TIME, PLACE and CIRCUMSTANCES that they are part of the thing being done and so an item or part of real evidence and not merely a reported statement

Question 6

Cinci
V
HMA

Answer 6

Strict approach, controversial outcome

Appeal - “he raped me” said to employee after not RG as not part of Act itself, no evidence how how much time had passed since sex stopped

If heard “stop it” during act, would be RG as would have been at time and could have corroborated her lack of consent

Question 7

O’Shea
V
HMA

Answer 7

Suggests wider, more generous approach

Appeal on basis that judge had erred in holding statement from accuseds GF as RG as was made out of presence of anyone involved, different locus, not within sight or sound of incident and at time where could not be established whether incident completed or not

Refused: anything said in vacinity of assault but not necessarily precise locus would be RG until such a time as the incident ended