Evidence 1 notes
FRANCIS BASIS MAUGOoneself to avoid creditors, premises used for prostitution (s.155 P.C.), etc. 3. Acts which are part of one transaction, which has many illustratiers, both in civil and criminal cases. Statements which the witness heard may also form part of the res gestae providing that (1) they are nearly contemporaneous, i.e. that they were made at the same time or nearly the same time as the transaction which is the fact in insure, (2) they are explanatory, ie that they explain the fact in issue (for example, if they explan a mental or physical condition at the time), (3) if they are not offered as evidence of the truth of the facts contained in the statements for then they would be hearsay as she statements were made by persons not called as witnesses. (See discussion, s.33). For example: A is accured of the murder of S by beating him. Whatever was said or done by A or B is one bystanders at the beating, or so shortly before or after the beating as to form part of the transaction; is a relevant fact. In this example the statements made by the bystanders and heard by the witness who repeats them in court are relevant only if the statements were uttered at the time of the transaction (the beating) or so soon therafter as to make it relatively certain that the speaker was still operating under the stress of the occurrence and was not reflecting upon what he said. See R V Ratten. A transaction is a group of facts so connected together as to be referred to by a ..... legal crime, such a "crime", a "contract", a "wrong", or any other subject to enquiry which may be in issue. Every fact which is part of the fact in issue even though that fact might not itself is in issue, is relevant, even though it might be hearsay were it not a part of the transaction. Note that the transaction may consist of a single incident which only takes a very short period of time, as when A returns home and, finding his wife in bed with another man, loses his temper and strikes him with a stick, killing him, the transaction, from the discovery to the death, may, take only a few seconds. Or the transaction may consist of a large number of facts which occur at different times and different places, occupying a much longer period of time, e.g it engages in a long correspondence and personal negotiations with 3 concerning a contract, after which goods are shipped and a dispute arises over interpretation of the contract as it provides for the time of payment events which take place over perhaps a period of years. In both instances, however, the transaction may be referred to by a single legal term. Note that this section and three following deal with circumstantial evidence: see pp.7-ix. Other examples of facts constituting the res gestae: A is accused of waging war against the Government of Kenya by taking part in an insurrection in which property is destroyed, toops were attacked and goals broken open. The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them. A sues B for a libel contains in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the label arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the label itself. The question is: whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. Section 6 is explained and illustrated by ss.7, 8 and 9. 2. Facts causing or caused by other facts. 7. Facts which are the occassion, cause or effect, immediate or otherwise, of relevant fact or facts in issue, or which constitute the state of things under which they happened or which afforded any opportunity for their occurrence or transaction are relevant.
