Shewan v Att. Gen. [2006] JLR 79 (27 January 2006)
- Citation
- [2006] JLR 79
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
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
VictimAttorney General
Prosecutor03
Procedural history
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
Legal principles
- 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
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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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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