Res Gestae Evidence correctly admitted
The appellant challenged by case stated the admission by magistrates at his trial of two pieces of evidence under the res gestae principle under section 118(3) of the 2003 Act. The allegation was one of domestic violence. The court had admitted the distressed call by the complainant for the police, and the body cam evidence of the officers attending. The complainant had refused to give evidence or support the complaint.
Held: The appeal failed. The judge had taken into account all the matters required of him, and there had been supporting evidence, and he had found the appellant’s evidence not credible.
Treacy LJ, Wilkie J
[2016] EWHC 3414 (Admin)
Bailii
Criminal Justice Act 2003 118(1), Police and Criminal Evidence Act 1984 78
England and Wales
Citing:
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Ratten v The Queen PC 1-Jul-1971
Res Gestae to admit circumstances of complaint
(Victoria) Evidence had been admitted under the res gestae rule, that a woman making a telephone call was in a hysterical state.
Held: It was properly used. Where a statement is made either by the victim of an attack or by a bystander, which . .
Cited – Regina v Andrews HL 1987
Res Gestae no means of avoiding witness
The court should deprecate any attempt to use the res gestae doctrine as a device to avoid calling a witness if he or she were available. The court laid down six tests for the admission of evidence under the res gestae rule.
Lord Ackner said: . .
Cited – Regina v Riat and Others CACD 11-Jul-2012
Five defendants appealed against their convictions after the admission of hearsay evidence.
Held: The court re-iterated that the importance of the hearsay evidence to the case remained a vital consideration when deciding upon its . .
Cited – Ibrahim v Crown Prosecution Service Admin 2016
Admission of evidence under res gestae . .
Cited – Barnaby v The Director of Public Prosecutions Admn 6-Feb-2015
Admission of hearsay evidence
The defendant appealed by case stated against his conviction for assault. He said that certain evidence, a statement from the complainaint, and a recording of the 999 call, should not have been admitted as hearsay.
Held: Fulford LJ said: . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 01 November 2021; Ref: scu.579648