Ratio Decidendi
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.
Facts
The victim of a stabbing told police officers who arrived at the scene the name of his attacker. He later died.
Judgment Summary
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.
Key Quotes
"The primary question which the judge must ask is: can the possibility of concoction or distortion be disregarded?"
— Lord Ackner
Subsequent Treatment
Leading authority on res gestae, now also relevant to the hearsay exceptions in the Criminal Justice Act 2003.