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Res gestae

Latin for things done. A peculiar rule, used mostly in criminal cases, which allows hearsay if the statement is made during the excitement of the litigated event.

Latin for "things done."

A peculiar rule, used mostly in criminal cases, which allows hearsay if the statement is made during the excitement of the litigated event.

For example, the words "stick ’em up!" used during an armed robbery would be admissible hearsay under the res gestae rule.

So, too, would other spontaneous statements made by the defendant during or right after the crime.

In The Law of Evidence in Canada, Sopinka suggested that res gestae are of 4 varieties:

  • declarations accompanying and explaining relevants events;
  • spontaneous declarations;
  • declarations which by their content create legal rights or liabilities; and
  • declarations of "bodily and mental feelings and conditions".

Some laws even allow res gestae statements to be introduced in evidence in special kinds of prosecutions. For example, in child sexual abuse cases, the statement made by a child to another person may be allowed as evidence even though, technically, it offends the rule against hearsay. res gestae imageThis is to recognize the trauma of having a child testify in open court on the subject of her or his abuse.

Res gestae evidence usually requires a voir dire hearing before it is admissible unless the defense allows it to be put on the trial record unchallenged.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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