Privy Council

Ratten v The Queen

[1972] AC 378; [1971] UKPC 2319721 min read
The case in brief30-second read
Facts
Ratten was charged with murdering his wife by shooting. A telephone operator testified that shortly before the shooting a hysterical woman called from the house asking for the police.
Issue
Whether the operator's evidence of the call was admissible.
Held
The evidence was admissible. It was not hearsay when used to show the call was made, and the words were admissible as part of the res gestae because they were spontaneous and closely connected with the event, leaving no real chance of concoction.
Principle
A statement made under the pressure of an event, without opportunity for concoction, is admissible as res gestae.
Cite this

Facts

  • Ratten was charged with murdering his wife by shooting. A telephone operator testified that shortly before the shooting a hysterical woman called from the house asking for the police.

Issue

  1. Whether the operator's evidence of the call was admissible.

Held

  • The evidence was admissible. It was not hearsay when used to show the call was made, and the words were admissible as part of the res gestae because they were spontaneous and closely connected with the event, leaving no real chance of concoction.

Cite this

Citation

Ratten v The Queen [1972] AC 378; [1971] UKPC 23

Reported: https://www.bailii.org/uk/cases/UKPC/1971/1971_23.html (not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.