akin to the English category of "emotionally overpowering".

When considering whether to admit hearsay evidence through the res gestae, case law strongly advises judges to consider whether "the possibility of concoction or distortion [can] be disregarded".

There has been significant criticism of the exception by judges and legal academics. In 1997, the Law Commission argued that the primary use of it was to allow evidence from unavailable witnesses (including those

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