Res gestae

Res gestae describes a common-law doctrine governing testimony. Under the Hearsay rule, a court normally refuses to admit as evidence statements that a witness says he or she heard another person say. The doctrine of res gestae provided an exception to this rule. 

In Malaysia there are actually some people confuse about S6 Evidence Act 1950 with the Res Gestae. Some cases do actually show that S6 has incorporated the principle of Res Gestae. However from the illustration of S6 of evidence act do show that S6 is much more wider than the principle res gestae. This is because to apply the principle of res gestae, there must be actions can be constituted as a transaction. In the case of Amrita Lal Hasra, in order to consider what is included in a transaction, 4 criterias must be taken into consideration, they are: (a) proximity of place, (b) proximity of time (c) continuation of action (d) communication of purpose and design. It is very clear that S6 of evidence act does not depend on these 4 criterias. 

Difference between S6 and Res Gestae

Bear in mind that S6 does not include hearsay evidence but Res Gestae does. So in order to render the hearsay evidence admissible under the evidence law, the principle of res gestae apply. Normally, the court refuse to render hearsay evidence admissible this is because the maker of the statement must be called to the court to give their statements. To render a hearsay evidence admissible under res gestae, the case of R v Andrew must be referred. In that case, the court held that to admit a hearsay evidence, there must be no error, the person (who give the statement) must be dominated by the event happen. 

Res Gestae and S32

S32 of evidence act 1950 is talking about the dying declaration. Dying declaration is a hearsay evidence. For example, A before dying tell B that C has killed A. Then B bring this statement to court. This evidence is admissible under the principle of res gestae provided the criterias in the case of R v Andrew are fulfilled. S32 is also an exception to hearsay evidence.