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Gabrielle Coates successfully opposed the Crown’s application to admit evidence under Res Gestae, under s.78 Police and Criminal Evidence Act 1984.
The Defendant faced numerous allegations, including assault and criminal damage against his mother. The Crown sought to rely on Res Gestae evidence in order to adduce the Defendant’s mother’s account.
Gabrielle submitted that, having regard to all circumstances, the admission of the evidence would have such an adverse effect on the fairness of proceedings that it ought not to be admitted. It was argued that the Defendant had been found unfit to stand trial and was, therefore, unable to properly challenge the evidence relied upon by the Crown.
Following submissions, the Judge excluded the Res Gestae evidence. The Crown formally offered no evidence. Not Guilty verdicts were subsequently entered on all counts.
Gabrielle was instructed by Becky Cole at Priestley Legal.
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