Barnaby v Director of Public Prosecutions

Criminal evidence – Res gestae. The appellant appealed, by way of case stated, against his conviction for assault by beating. The Divisional Court, in dismissing the appeal, held that the justices had been correct in admitting the out of court statements of the complainant to police and evidence of her 999 calls. The circumstances surrounding the incident meant that the evidence of the telephone calls, together with the conversations with the police officers that had occurred shortly afterwards, had fallen well within the res gestae principle.

Category: