The Admissibility of 999 Calls and Out-of-court Statements to Police Officers as Res Gestae Evidence

摘要

The appellant appealed to the Divisional Court by way of case stated against the decision of the Bodmin Magistrates' Court to admit hearsay evidence under the res gestae exception in the form of telephone calls to the police and comments made to police officers. The appellant was charged with an offence of common assault by beating contrary to s. 39 of the Criminal Justice Act 1988 arising out of an incident on 11 April 2014 when he was alleged to have assaulted his partner, Glenda Gibb. Ms Gibb had not made a formal witness statement in support of the prosecution. The prosecution sought to admit the content of three telephone calls made by Ms Gibb to the police in which she stated that she had been assaulted by the appellant. The first two calls were made in whispered tones and suggested that the appellant was still within the property. The third call appeared to have been made shortly after he left. Police officers attended the address within six minutes and noted that Ms Gibb was distressed and that she had marks to her throat and cheek.