The doctrine of res gestae cannot be used as an independent basis for admitting hearsay evidence under the Evidence Act 2008 (Vic). Where evidence is admitted for a non-hearsay purpose, s 60 makes it available for hearsay use regardless of whether the evidence would satisfy the requirements of the specific hearsay exceptions in Part 3.2; the appropriate control mechanism is the discretion under s 136 to limit use, not a requirement to satisfy s 65. A comprehensive judicial direction addressing the unreliability and untested nature of hearsay evidence may provide greater protection than a blunt prohibition on hearsay use, particularly where the truth or falsity of the assertions is itself in issue. On sentencing, a judge may have regard to the course of events before and after the charged offence to assess the offender's role and culpability without sentencing for an uncharged offence.
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