CRIMINAL DIVISION
Strand London, WC2 |
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B e f o r e :
MR JUSTICE OPENSHAW
MR JUSTICE IRWIN
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R E G I N A | ||
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WILLIAM STEWART LYNCH |
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Miss J Brennan appeared on behalf of the Crown
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Crown Copyright ©
"Q. And I also suggest, Aiesha, that as Pat Desmond walked back up to right by the entrance to the rec and Billy is talking to his mates, Billy swore at Pat Desmond and said words to the effect of 'I haven't fucking done anything'. Do you remember that?
A. No, I don't remember.
Q. And that he also swore at Kieron Desmond, saying, 'What have you fucking told them?' He was protesting his innocence. Do you remember that?
A. No."
"(1) In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—
(a) any provision of this Chapter or any other statutory provision makes it admissible,
(b) any rule of law preserved by section 118 makes it admissible,
(c) all parties to the proceedings agree to it being admissible, or
(d) the court is satisfied that it is in the interests of justice for it to be admissible."
"Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if—
(a) ...
(b) the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, ..."
That rule appears under the textual heading in the Act of "Res gestae".
"Held, dismissing the appeal, that although the words spoken by the licensee at the identification parade were said in the absence of the appellant, they accompanied the relevant act of identification of the person suspected of having committed the assault and those words were contemporary with, and necessary to explain, the act of identification; that, accordingly, they were so much part of the res gestae that the inspector's evidence was admissible either as being original evidence or as an exception to the hearsay rule; and that further, the identification parade having been conducted in accordance with the code of practice issued under sections 66 and 67 of the Police and Criminal Evidence Act 1984, there was statutory authority for the words used by the licensee in identifying the suspect to be admitted in evidence ..."