Question
In the case of R vs Foster, the witness saw the
accident and a speeding truck. In this case was his statement held as admissible?Solution
The principle of res gestae is an exception to the rule that hearsay evidence is no evidence. In R vs Foster 1834, the witness did not see the accident but only the speeding truck. The deceased stated to the witness what happened to him. The statement of deceased given to the witness was admissible as evidence in res gestae.
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