AG -v- Barrett [2016] JRC 047A (23 February 2016)

AG -v- Barrett [2016] JRC 047A (23 February 2016)

The statement was not made in such circumstances of spontaneity that the possibility of concoction can be disregarded, particularly as it was made by the defendant's father after the incident and after a gap in time.

Citation
[2016] JRC 047A
Parties
Defendant's Father / Witness: Colin Barrett; Complainant: Mr Arrowsmith; Police Officer: PC Thomas
Jurisdiction
Jersey
Judgment Date
23 February 2016
Procedural Posture
Criminal / Evidentiary Application
Outcome
application refused
Legal Topics
Hearsay, Res Gestae, Admissibility of Evidence
Criminal Law Evidence Hearsay Res Gestae Admissibility of Evidence

Case Brief

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Parties

Colin Barrett

Defendant's Father / Witness

Mr Arrowsmith

Complainant

PC Thomas

Police Officer

Procedural Posture

Criminal / Evidentiary Application

Legal Issues

  1. 1 Whether the statement made by the defendant's father to the police officer is admissible as part of the res gestae exception to hearsay

Ratio Decidendi

The statement was not made in such circumstances of spontaneity that the possibility of concoction can be disregarded, particularly as it was made by the defendant's father after the incident and after a gap in time.

Court Disposition

application refused

Orders

  • The statement is not admitted as evidence.