Meaning of ‘’Res Gestae’’
This word, Res Gesta (singular) or res geatae (plural) is Latin expression meaning
“thing done” or ‘’event which occurred’’. At common law, res gestae are
statements and declarations (oral or written) made contemporaneously and tend to
accompany or explain a fact in issue or relevant fact.
According to the Blacks’ Law Dictionary, 5th edition, the Res Gestae rule is that
where a remark is made spontaneously and concurrently with an affray, collision or
the like, it carries with it inherently a degree of credibility and will be admissible
because of its spontaneous nature.
Where a transaction or an event is in issue, all those facts which comprise the
transaction that accompany and explain it are known as res gestae and they are
generally acceptable. Res gesta refers to the central transaction whilst the
constituent or accompany facts are parts of it – other acts, omissions, incidents and
declarations which accompany, constitute or explain a fact in issue.
A practical illustration goes like this. If the issue is whether it is Gordon that
murdered Rita and what mens rea was involved in the murder. Assuming in the
course of the murder the following statements were made: “Rita I will kill you
today for trespassing on my land” assuming another statement was made, “Please
Gordon don’t kill me”. It was also followed by “You must die today Rita” these
three statements, which characterize, accompany and explain the fact in issue are
what is refered to as res gestae.
The term therefore refers to:
– Relevant fact or events in issue
- Events contemporaneous with the events at issue.
- Facts which accompany and explain facts in issue
The essence of this principle of law has been well explained in the case of Holmes
v Newman (1931) 2 Ch. 112. Here Lord Tomlin described res gestae as ‘’a phrase
adopted to provide a respectable cloak for a variety of cause to which no formula
of precision can be applied’’.
The Evidence Law permits the court to admit words and statements about res
gestae. Thus res gestae embraces not only the actual facts of the transaction and the
circumstances surrounding it but also the matters immediately antecedent to and
having a direct causal connection with it; as well as acts immediately following it
and so closely connected with it as to form in reality a part of the occurrence.
In a criminal proceeding, all acts done by the accused or by any person in his
presence or acting under his directions and all statements, oral or written , made by
him or by a person in his presence at the time of the transaction or before or after
it, will be relevant if they can be shown to be connected with the specific
transaction with which the accused is charged.
The Evidence Act did not use the term ‘res gesta or res gestae’. But see section 5:
Relevancy of facts forming part of same transaction:
Facts which though not in issue, are so connected with a fact in issue as to form
part of the same transaction, are relevant, whether they occurred at the same time
and place or at different times and places.
Ordinarily res gesta is a hearsay and prima facie irrelevant and inadmissible.
However as an exception to hearsay rule, the things said, written or done which
accompany and explain a relevant act – res gestae – is relevant and admissible.
See the Nigerian case of Sule Salawu v. State (1971) 1 NMLR 249. In this case,
several people heard at one night the voice of the deceased crying ‘’Sule is killing
me’’. The witness rushed into the room and found the deceased in the pool of her
own blood. The court [WACA] held that the statement ’Sule is killing me’’ as
expressed by the deceased is admissible as res gestae.
Before ‘’res gestae’’ can be admitted there are certain criteria it must meet and
these are set out as follows:
1. Statement must be substantially contemporaneous with the facts in issue.
This is to exclude the possibility of its having being concocted to the maker’s
advantage.
2. Statement must explain the facts in issue or be directly connected with it
and it must not be prior or subsequent disconnected fact.
3. The declaration and the act must be made by the same person. In other
words, where declaration was made by one person and the accompany act
performed by another, such declaration would generally not be admissible.
These three criteria are very important and material in establishing the principle of
‘’Res Gestae’’ under the law of evidence
It must be Contemporaneous: This principle was enunciated in the expression of
Lord Normad in the case of Teper v R. [1952] A C 480 at 487. Here the learned
Judge declared as follows:
“It is essential that the words sought to be proved by hearsay should be; if not
absolutely contemporaneous with the action or event, at least so clearly associated
with it in time, place and circumstances that they are part of the thing being done,
and so an item or part of real evidence and not merely a reported statement.”
In the case of R v. Bedinfield (1879) 14 Cox C.C. 341. In this case the accused
was charged with the murder of a woman. The woman rushed out of a house with a
cut throat where she and the accused had been together and exclaimed: ‘’Oh, aunt,
see what Harry has done to me!”. This statement was held inadmissible as it was
something stated by her after the event was over. Had the statement been uttered
by her as at the time of the event, it would have been held admissible.
A similar occurrence like that of the above case is that of the case of R v. Bang
Weyeku (1943) 9 WACA 195. In this case the accused was charged with murder
and the only important evidence against him was the statement of the deceased
shortly after he had been stabbed. He said ‘’Bang has shot me’’ and this statement
was made in the absence of the accused. It was held that this statement was
inadmissible.
For a fact to be contemporaneous, the following must occur:
- Inexplicably intertwined with the fact in issue as to form part of the same
transaction.
- It must occur at the same time as or about the same time as the fact in issue.
- It must be proximate to it and there must be no time lapse between making of the
statement and occurrence of fact in issue.
At common law, res gestae are statements and declarations (oral or written) made
contemporaneously and tend to accompany or explain a fact in issue or relevant
fact. There is tendency to misconstrue contemporaneity as synonymous with facts
occurring at the same time and place. The requirement of contemporaneity may be
strict in criminal law but it is less so in civil matters.
By virture of section 5 of the Evidence Act, the requirement of things happening at
the same time has been watered down. This is because the Act says whether they
happen at the same time or not.
Res gestae (thing done) are the event in issue, constituent and accompanying facts
which tend to explain the event or fact in issue. To be admissible, it must be
contemporaneous, accompany and explain the event they accompany and perhaps
also made by the actor or victim. The doctrine serves as cloak for admitting
evidence which borders on hearsay, and self-corroboration which should not be
admitted, save that they have met the criteria for admitting res gestae.
Res Gesta: Common Law and Evidence Act.
Res gestae is a common law doctrine and it has consequently been argued that it is
not directly applicable under the Evidence Act.
At common law, res gestae are statements and declarations (oral or written) made
contemporaneously and tend to accompany or explain a fact in issue or relevant
fact. There is tendency to misconstrue contemporaneity as synonymous with facts
occurring at the same time and place. The requirement of contemporaneity may be
strict in criminal law but it is less so in civil matters.
Section 5 Evidence Act, permits the court to admit facts which form part of the
same transaction whether they occur at the same time and place or at different
times and places. The phrase ‘at the same time and place’ answers the description
of contemporaneity. The other phrase “or at different times and places” permits the
admission of facts which may not be substantially contemporaneous as res gestae.
