Res Gestae Rule in Law

Res gestae is a Latin word which means 'thing done' or 'event which occurred'. According to Blacks’ Law Dictionary, the Res Gestae rule is that where a remark is made spontaneously and concurrently with an affray, collision or the like, it carries with it inherently a degree of credibility and will be admissible because of its ______ nature.

Where a transaction or event is issue, all those facts which comprise the transaction that accompany and explain it are known as ______ and they are generally acceptable.

The term 'res gestae' refers to relevant fact or events in issue, events contemporaneous with the events at issue, facts which accompany and explain facts in issue. The Evidence Act permits the court to admit words and statements about ______.

This res gestae embraces not only the actual facts of the transaction and the circumstances surrounding it but also the matters immediately antecedent to and having a direct casual connection with it; as well as acts immediately following it and so closely connected with it as to form in reality a part of the ______.

Although the Evidence Act did not use the term 'res gestae', but Section 4 of the evidence act talks about relevance of facts forming part of same ______.

According to Blacks’ Law Dictionary, 5th edition, the Res Gestae rule is that where a remark is made spontaneously and concurrently with an affray, collision or the like, it carries with it inherently a degree of credibility and will be admissible because of its ______ nature.

Before res gestae can be admitted there are certain criteria it must meet and these are: Statement must be substantially ______ with the facts in issue. This is to exclude the possibility of its having being concocted to the maker’s advantage. Statement must explain the facts in issue or be directly connected with it and it must not be prior or subsequent disconnected fact. The declaration and the act must be made by the same person. In other words, where declaration was made by one person and the accompany act performed by another, such declaration would generally not be admissible. These three criteria are very important and material in establishing the principle of res gestae under the law of evidence. It must be Contemporaneous: Before the words or an event or transaction can be held admissible in a trial, it must be closely kneaded with the event particularly as regards the timing, the place and the circumstance of such transaction on trial. An example of ______ evidence is the one in the case of R v edinfield (1987) 14 Cox C.C. 341. In this case the accused was charged with the murder of a woman. The woman rushed out of a house with a cut throat where she and the accused had been together and exclaimed: “Oh, aunt, see what Harry has done to me!” This statement was held inadmissible as it was something stated by her after the event was over. Had the statement been uttered by her as at the time of the event, it would have been held admissible. A similar occurrence like that of the above case is that of the case of R v.Bang Weyeku (1943) 9 WACA. In this case the accused was charged with murder and the only important evidence against him was the statement of the deceased shortly after he had been stabbed. He said “Bang has shot me” and this statement was made in the absence of the accused. It was held that his statement was inadmissible. In the case of Akpan v State (1992) LPELR – 381 (SC) the Supreme Court held thus: “It seems to me hardly arguable in this case that the events which led to the dying declaration itself are part of res gestae, which culminated in the death of the deceased… They form part of the one transaction and explain the circumstance of the death of the deceased”. It must be noted that dying declaration forms part of res gestae particularly in criminal matters. In Criminal cases, the requirement of contemporaneity is strict. The statements made must be practicably ______ with...

In other words, where declaration was made by one person and the accompany act performed by another, such declaration would generally not be...

An example of contemporaneous evidence is the one in the case of R v edinfield (1987) 14 Cox C.C. 341. In this case the accused was charged with the murder of a woman. The woman rushed out of a house with a cut throat where she and the accused had been together and exclaimed: “Oh, aunt, see what Harry has done to me!” This statement was held...

Had the statement been uttered by her as at the time of the event, it would have been held...

He said “Bang has shot me” and this statement was made in the absence of the accused. It was held that his statement was...

In the case of Akpan v State (1992) LPELR – 381 (SC) the Supreme Court held thus: “It seems to me hardly arguable in this case that the events which led to the dying declaration itself are part of res gestae, which culminated in the death of the deceased… They form part of the one transaction and explain the circumstance of the death of the deceased”. It must be noted that dying declaration forms part of res gestae particularly in criminal matters. In Criminal cases, the requirement of contemporaneity is...