The defendant appealed against a conviction for having set fire to his shop. He complained of the admission of a police constable’s evidence who said that he had heard an unknown woman’s voice saying ‘Your place burning, and you going away from the fire’ This was several minutes after the fire started and more than a furlong away.
Held: The statement was not part of the res gestae, and the exception allowing admission of such hearsay evidence did not apply.
Before drawing an inference from circumstantial evidence: ‘it is necessary before drawing the inference of the accused’s guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference’.
Judges:
Normand, Oaksey, Tucker LL
Citations:
[1952] AC 489, [1952 2] The Times LR 162
Criminal Evidence, Commonwealth
Updated: 04 May 2022; Ref: scu.546835