References by His Majesty’s Advocate against PG and JM, [2024] HCJAC 43, October 30, 2024, at paragraph 19:
The following have been accepted as falling within the res gestae: (i) calls by complainers to the emergency services (Barnaby v DPP [2015] 2 Cr App R 4; R v S [2018] 4 WLR 24; Ibrahim v Crown Prosecution Service [2016] EWHC 1750 (Admin) (all England); DPP’s Ref No 6 of 2019 [2020] NICA 8 (Northern Ireland); DPP v Connorton [2023] IESC 19 (Ireland); Janif v New Zealand Police [2014] NZHC 2753 (New Zealand); The Queen v Badger 2019 SKPC43 (Canada)); (ii) statements to the police on arrival at the scene (Barnaby v DPP; Higgins v CPS [2015] EWHC 4129 (Admin) (both England); McGuinness v DPP [2017] NICA 30; R v Edwards [2003] NICA 11 (both Northern Ireland); R v Olamoe; R v Wilson CA429/03 (both New Zealand); Simpson v The Queen 1999 CanLII 6780; R v Johnston 2016 MBQB 167; R v Sparks MacKinnon 2019 ONSC 730 (all Canada)); (iii) statements to those providing medical care (DPP v Foley [2013] IECCA 90 (Ireland); Simpson v The Queen; R v Praljak 2012 ONSC 5262 (both Canada)); (iv) statements made to neighbours after domestic assaults (Janif v NewZealand Police; R v Wright CA43/06 (both New Zealand); R v Degale, 2023 ONCJ 152 (Canada)); (v) statements made by complainers some little time after the incident and when they had left the locus (R v Kadibil [1999] WASC 67 (Australia); R v Lugela 2020 ABCA 348 (Canada)); (vi) a statement made to a police officer on being woken some time afterwards (R v Singleton [2003] NICA 29 (Northern Ireland)); (vii) a statement that a person had won the lottery some twelve hours after the draw (Walsh v Walsh [2017] IEHC 181) (Ireland)); and (viii) statements made at various times after the incident, depending upon the circumstances (R v Oliver 1996 CanLII 3626 (NWT SC) at para 19) (Canada). Some jurisdictions had gone further in legislating to permit hearsay as proof of fact (2003 Act, s 120(7), (England); 2004 Order Art 24(7) (Northern Ireland); Evidence Act 1995, s 65(2)(b) (Australia), see Conway v The Queen [2000] FCA 461 at para 133; and Law of Evidence Amendment Act 45 of 1988, s 3(1)(c) (South Africa)).
