Overview

res gestae


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[Latin: things done]

The events with which the court is concerned or others contemporaneous with them. In the law of evidence, res gestae denotes both a rule of relevance according to which events forming part of the res gestae are admissible and an exception to the hearsay rule under which statements forming part of the res gestae are admissible. The Criminal Justice Act 2003 specifically preserves the common law rules relating to the admissibility of res gestae in this second sense by providing that in criminal proceedings a statement is admissible as evidence of any matter stated if:(1) the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded;(2) the statement accompanied an act that can be properly evaluated as evidence only if considered in conjunction with the statement;(3) the statement relates to a physical sensation or a mental state (such as intention or emotion).See hearsay evidence.

(1) the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded;

(2) the statement accompanied an act that can be properly evaluated as evidence only if considered in conjunction with the statement;

(3) the statement relates to a physical sensation or a mental state (such as intention or emotion).

Subjects: Law.


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