免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Evidence
House of Lords
1987

R v Andrews

[1987] AC 281

判决理由

A statement made by a person so shortly after an event and in circumstances so closely associated with it that the mind was still dominated by the event is admissible as a res gestae statement, provided there was no possibility of concoction or distortion.

事实

The victim of a stabbing told police officers who arrived at the scene the name of his attacker. He later died.

判决摘要

The House of Lords held the statement was admissible as part of the res gestae. Lord Ackner set out the test: the statement must be so closely associated with the event that the possibility of concoction or distortion could be disregarded.

关键引述

"The primary question which the judge must ask is: can the possibility of concoction or distortion be disregarded?"

Lord Ackner

后续处理

Good law

Leading authority on res gestae, now also relevant to the hearsay exceptions in the Criminal Justice Act 2003.