SQE1 sample questions

Question 64

A woman telephones the emergency services and speaks to a civilian call handler. She sounds in distress and is crying. She alleges that her husband, whom she names, has just assaulted her by punching her to the face. She states that she has locked herself in the bathroom of their house to make the call because she is scared that he will assault her again. She asks for police officers to attend at their address. The call is recorded.

When police officers arrive a few minutes later the husband is still in the house. The woman is locked in the bathroom and is still upset and crying. The attending police officers coax the woman out of the bathroom and note that she has reddening and bruising to her face. The husband is arrested on suspicion of assaulting the woman. The woman refuses to give a statement to the police officers.

The husband exercises his right to silence when he is interviewed by police officers under caution. He is charged with common assault. He pleads not guilty and his case is adjourned for trial. The woman refuses to come to court to give evidence stating that she is not in fear of her husband and that she wants their relationship to continue. The prosecution wishes to rely upon the account given by the woman during her telephone call to the emergency services at the husband’s trial.

Can the woman’s account given during the telephone call be admitted at the husband’s trial as part of the res gestae?

A. No, because the woman will not give oral evidence at the husband’s trial.

B. No, because the woman has not given a written statement.

C. Yes, because the account was given in circumstances where the possibility of concoction can be disregarded.

D. Yes, because the account is corroborated by the reddening and bruising to the woman’s face witnessed by the attending police officers.

E. No, because the account was not given to a police officer.