what is the difference between dying declaration and res gestae

what is the difference between dying declaration and res gestae

what is the difference between dying declaration and res gestae:

Meaning of Res Gestae

Res gestae is a Latin term that means “things done.” In the context of evidence in a court case, res gestae refers to statements or actions that are made or taken by a person in connection with an event or transaction, and which help to explain or clarify the circumstances surrounding the event or transaction.

Res gestae evidence is generally considered to be admissible in court because it is considered to be spontaneous and unplanned, and therefore less likely to be fabricated or rehearsed. This makes it more reliable than hearsay evidence, which is not based on the personal knowledge or firsthand experience of the person presenting it.

Examples of res gestae evidence include:

Statements made by a person in the immediate aftermath of an event: If a person makes a statement about an event shortly after it occurs, it is likely to be considered res gestae evidence. For example, if a witness testifies that the defendant told them “I just saw someone get shot,” this would be considered res gestae evidence.

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Actions taken by a person in connection with an event: If a person takes an action in connection with an event, it is likely to be considered res gestae evidence. For example, if a witness testifies that they saw the defendant running away from the scene of a crime, this would be considered res gestae evidence.

Physical evidence: Physical evidence, such as fingerprints or DNA, can also be considered res gestae evidence if it is found in close proximity to an event. For example, if DNA evidence is found on a weapon used in a crime, it could be considered res gestae evidence.

It is important to note that not all statements or actions made or taken in connection with an event or transaction are considered res gestae evidence. In order to be admissible as res gestae evidence, the statement or action must be closely connected in time and circumstances to the event or transaction in question, and must help to explain or clarify the circumstances surrounding the event or transaction.

what is the difference between dying declaration and res gestae

Dying declaration and res gestae are both exceptions to the hearsay rule, which generally prohibits the use of hearsay evidence in court. However, there are some key differences between the two types of evidence:

Timing: A dying declaration is a statement made by a person who is believed to be near death, while res gestae refers to statements or actions made or taken in connection with an event or transaction.

Purpose: A dying declaration is made with the intention of providing evidence in a legal proceeding, while res gestae evidence is spontaneous and unplanned, and is intended to explain or clarify the circumstances surrounding an event or transaction.

Admissibility: Both dying declarations and res gestae evidence are generally considered to be admissible in court, although there may be specific requirements or conditions that must be met in order for them to be accepted as evidence.

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Examples of dying declarations include a person’s last words or a statement made to a medical professional while on their deathbed. Examples of res gestae evidence include statements made by a person in the immediate aftermath of an event or physical evidence found in close proximity to an event.

It is important to note that both dying declarations and res gestae evidence are subject to various rules and exceptions, and the admissibility of these types of evidence may vary depending on the specific circumstances of a case.

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About Omoha Otuosorochi

Omoha Otuosorochi is a Law Graduate from Ebonyi State, Nigeria. He has unbiased interest in research, Learning and impartation of knowlege. Thanks to everyone that donates to us, You can now make contributions by reaching out to omohaotuosorochi3@gmail.com

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