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    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?

    A it was held as admissible Correct Answer Incorrect Answer
    B it was held as not admissible Correct Answer Incorrect Answer
    C it was held as admissible in dying declaration of deceased. Correct Answer Incorrect Answer
    D it was held as res gestae, fact forming part of the same transaction. Correct Answer Incorrect Answer

    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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