Unfortunately STEELEREDUX, it seems you're struggling with the evidentiary concept of Res gestae', consequently you're now totally confused.

In a further conciliatory effort to help you, and to make some allowance for your illness, perhaps a simple 'one liner' from 'Osborn's Law Lexicon 7th ed. may be of some assistance ?

'...all facts so connected with a 'fact in issue' (sometimes assisting with establishing a 'criminal proof') as to introduce it explaining its nature...'

I understand you regret pursuing this particular line, perhaps you should've confined your argument to your original assertion '...the infant's face couldn't seen...' ?

As an aside but remaining on topic, I just can't understand how can you possible reconcile within your own conscience, the terrible atrocities committed by your Islamic State (ISIS) brethren, occasioned against the more moderate Muslims and other minorities now fleeing Syria ?

Yet, notwithstanding you're safely and pleasantly ensconced here, you have the temerity to defend and strenuously argue the Islamic position for further mass immigration into Australia ! I do accept, as a committed Muslim you're bound to prosecute a strong case, in order to advance the Islamic State cause, whether here or anywhere else.

But don't you also have a patriotic duty (notwithstanding your fervent Islamic ideals) as well, to defend Australia's position ? Her culture, her citizens, in fact everything this great country has made available to you and yours ?

Or doesn't that count anymore. Now you're just another faceless (though vocal) individual, completely comfortable and relaxed with the 'entitlement languor' as a consequence of receiving regular payment(s) from the hapless taxpayer ? Just as long as CentreLink keeps paying your interminable sickness benefits, that's all that matters in the long run, eh STEELEREDUX ? Australia and the Australian taxpayer can go to hell !

Dear o sung wu,

You started out so well my friend then quickly descended into more childish foot-stamping which only serves to belittle what had gone before.

Let's deal with the petulance first. Why do you think inferring that I am Muslim when I am obviously not is going to bother me? I realise that for you it is a deep insult but for me it is just like being called a Pom, or a Yank, or indeed a Jew. No biggie at all. But persist if you must.

I will say though it is a deep hatred of the 'other' that spurs the actions of IS and any reasonable observer of the exchanges between us (if they are not already asleep) could not help but recognise just such a hatred being constantly and loudly exhibited by yourself. It is you and your ilk who threaten our great multicultural nation.

What is really rich though is you talking about Centrelink and the poor old Australian tax payer. This from a bloke who as a retired NSW policeman is on one of the most generous pension schemes in Australia, second only to our politicians. I have spent most of my working life making my own living in small business. Your paypacket came via the poor old taxpayer and so does your pension now. Best dial that one back.

Cont...

Cont...

Right, on with the small part of your post that wasn't immature nonsense. Well it was still nonsense but less cringe-worthy shall we say.

I will endevour to take my time with this as it is rather evident you are struggling with the concept.

Let's start by quoting more fully from Osborn;

“Res gestae. The facts surrounding or accompanying a transcation which is the subject of legal proceedings; or, all the facts so connected with a fact in issue as to introduce it, explain its nature, or form in connection with it one continuous transaction.”

The part you have failed to grasp is “one continuous transaction”. I will admit Osborn has worded it rather clumsily but what he is saying is to be admissible evidence or hearsay must be contemporaneous to the event.

If you take the time to read R. v Bedington it may serve to enlighten you. The court in that case held that the statements by an unfortunate woman who rushed into the street after having her throat cut but able to name the perpetrator before dying were inadmissible as they were given after the event. Res gestae sought to rectify that injustice by allowing to be included into evidence even hearsay as long as it was given spontaneously and was contemporaneous to the event.

I repeat “To assert the slightest of glimpses of a drowned victim's face in a 72DPI internet image by a retired detective sitting in his lounge room over half the world away constitutes res gestae is bonkers.” There was nothing spontaneous or contemporaneous about your claim this could be murder. It was delivered days after and a world away from the event but worse than that it sprang from an anti-Muslim thread and your inner bile.

I hope this has given you greater understanding re res gestae.

This is what is happening to Greece thanks to Steele's and other regressives ideology

https://www.facebook.com/video.php?v=890412067709410&fref=nf

suddenly the Australian press don't refer to this child molestor as a refugee. Hmm!

http://www.perthnow.com.au/news/western-australia/man-burns-himself-at-yongah-hill-detention-centre/story-fnhocxo3-1227529694238

You're waffling again with your nebulous attempts to articulate this simplest of doctrines. Have a glance at Lord Tomlin CJ ratio in the matter Homes v Newman [1931] 2 Ch. 112, at 120 '...the doctrine provides a respectable legal cloak for a variety of cases to which no formula of precision can be applied...'

what he's saying STEELEREDUX, whereas it concerns a collection of facts which are regarded as relevant because of their close connection by reason of contemporaneity with the 'facts in issue' ! Not dissimilar to circumstantial evidence.

(i) At first impression; was the infants pallor and overall partially observed countenance, consistent with death by immersion in sea water, drowning ? And I agree, only the left quadrant of his face is at all visible. An observation I've already admitted earlier ?

(ii) check for the existence, or otherwise, of any residual detritus or other unexplained erythema in and about the mouth and nose ?

and;

(iii) Look for any evidence of distension present, in the infant's hands or feet.

Even the most callow detective will appraise the entire scene, before he rushes in to examine any asymmetrical specifics.

The simplest of doctrines to understand, even for a 'subjugated small businessman' like you STEELEREDUX. I thoroughly enjoy arguing issues of evidentiary relevancy and germaneness with you ! Accordingly, please continue.

So you reckon '...I and my ilk threaten our great 'multicultural' nation...' considered a repugnant term by many ! I can only hope so ! Many people that I know and know off, irrespective of their political affiliations, either loathe or absolutely fear, this detested multiculturalism !

It's not our government's structured immigration programmes. Rather it's the 'left's' proclivity for allowing unfettered access to our country, by these illegal Islamic boat people, together with the Islamic criminal gangs ! Moreover it's worrying why people like you, are so keen to see the status quo remain ! Why ?

Now for my pension. After over 32 years of unblemished service, am I not entitled to a pension, a pension that I was mandated to make regularly contributions ?