Jersey Judgment

Shewan v Att. Gen. [2006] JLR 79 (27 January 2006)

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Professional case brief

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Source document

01

Holding and result

Despite animosity between victim and accused, spontaneous statements made immediately after a dramatic offence are admissible as res gestae if there is no real risk of concoction or reasoned reflection.

Court disposition

admissibility affirmed

02

Material facts

Parties

Shewan

Victim

Attorney General

Prosecutor

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Whether statements by victim to third parties identifying offender immediately after assault are admissible as res gestae hearsay

Party arguments

Applicant
Statements identifying the offender should not be admitted due to animosity and risk of concoction.
Respondent
Statements are admissible as res gestae because they were made spontaneously and closely associated with the offence.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [2006] JLR 79

    Statements made by a victim immediately after a grave and criminal assault are admissible as res gestae if made sufficiently close to the offence that there is no opportunity for concoction or distortion.

06

Ratio, limits and disposition

Ratio decidendi

Despite animosity between victim and accused, spontaneous statements made immediately after a dramatic offence are admissible as res gestae if there is no real risk of concoction or reasoned reflection.

Court disposition

admissibility affirmed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2006] JLR 79

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BAILII >> Databases >> Jersey Law Reports >> Shewan v Att. Gen. [2006] JLR 79 (27 January 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060079.html Cite as: [2006] JLR 79 [ New search ] [ Help ] Shewan v Att. Gen. 2006 JLR 79 (27 January 2006) Evidence-hearsay-res gestae-statements by victim to third parties identifying offender immediately after grave and criminal assault-admissible if made sufficiently close to offence that no opportunity for concoction or distortion-despite animosity between victim and accused, no real risk of concoction if statement spontaneous, instinctive reaction so closely associated with unusual, startling or dramatic offence that dominated his mind and no opportunity for reasoned reflection The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2006 JLR 79 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060079.html

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