R v Sylwester Danilowski

R v Sylwester Danilowski

The body worn video footage was admissible as res gestae evidence because the complainant was emotionally overpowered, her statements were instinctive and proximate to the event, and there was no unfairness to the appellant. The evidence was not so prejudicial as to warrant exclusion under section 78, and there was sufficient evidence for a case to answer.

Parties
Prosecution: Rex; Appellant: Sylwester Danilowski
Jurisdiction
England and Wales
Judgment Date
10 August 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Res Gestae, Domestic Violence, Hearsay, Fair Trial, Section 78 Exclusion
Criminal Law Admissibility of Evidence Res Gestae Domestic Violence Hearsay Fair Trial Section 78 Exclusion

Case Brief

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Parties

Rex

Prosecution

Sylwester Danilowski

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether body worn video footage was admissible under the res gestae principle
  2. 2 Whether the footage should have been excluded under section 78 of the Police and Criminal Evidence Act 1984
  3. 3 Whether there was a case to answer

Ratio Decidendi

The body worn video footage was admissible as res gestae evidence because the complainant was emotionally overpowered, her statements were instinctive and proximate to the event, and there was no unfairness to the appellant. The evidence was not so prejudicial as to warrant exclusion under section 78, and there was sufficient evidence for a case to answer.

Court Disposition

appeal dismissed

Orders

  • conviction upheld