What Court has to pay attention to before admitting a statement as part of Res Gestae?

Res Gestae has already been well explained by one of my learned friends in the previous post. Therefore, i shall go straight into answering the question posted above. Before admitting a statement as part of the res gestae, the Court has to address few issues first. They are the following:-

Firstly, the judge must post a question to himself: can the possibility of concoction or distortion be disregard?

To answer this question, the judge has to take into consideration the circumstances when that particular statement was made. In the midst of making the statement, the maker of the statement must be in the state of pressure. In this time of pressure, the possibility of concoction or distortion would be excluded. In addition to that, the event must be so unusual or overwhelming or dramatic as to dominate the thoughts of the maker so that his utterance was an instinctive reaction to that event and hence, giving no real opportunity for reasoned reflection.

The event must be made spontaneously. What is spontaneously? It means, it must be very closely associated with the event which has excited the statement that it can be fairly stated that the mind of the maker of the statement was still dominated by the event and there are no time for the maker to change or add in additions informations.

At the end of this part, the judge must be satisfied that the circumstances  were such that, having regard to the special features of malice, there was certainly no possibility of any distortion or concoction to the advantage of the maker as well as to the disadvantage of the accused.

Furthermore, the judge has to take into the account of any possibilities of error which might occurred when the maker of the statement made that particular statement. Human after all sometimes can made some mistakes due to few reasons. One of them is due to the sights. For instance, while making the statement, the maker actually suffered some eye problems and because of that his judgement might be inaccurate. 

Based on the above, it can be concluded that, although statement can be admitted as part of res gestae, this rule should be applied with care and it should always be applied strictly. This is to prevent any fabrications to the case; Seah FJ in Leong Hong Khie v PP.

~Pinyin signs out~ *stay tuned to the next interesting post by us!* :)