The Common Law Doctrine Of Res Gestae

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According to the hearsay rule, the court would normally refuse to admit hearsay evidence. The common doctrine of res gestae had provides an exception to the hearsay rule to admit such evidence. Res gestae is a latin phrase having the literal meaning of things done. It is defined as secondhand statements which is considered trustworthy for the purpose of admission as evidence in a lawsuit when repeated by the witness because they were made naturally, spontaneously and concurrently with an event, thus carry a high degree of credibility and less chances for misunderstanding or misinterpretation.
The common law doctrine of res gestae was first circumscribed definitively in the case of R v Bedingfield. The principal test to determine the admissibility …show more content…

In Malaysia, the common law principle of res gestae is incorporated in section 6 of the Evidence Act. Section 6 of the Evidence Act stipulates that facts which though not in issue are so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different times and places.
Illustration (a) of the same section provides that where A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact. In the case of Tan Geok Kwang v Public Prosecutor, the appellant was charged with being in possession of a revolver. At the trial evidence was led to show that a hand-grenade had been thrown from a blukar into which the appellant had run and in which no other person was found by the Police, to show that the revolver found had been fired a few days previously at Sungei Bakap and to show the contents of documents found in the possession of the

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