Quby
2023-2-2 01:29:08
"In the case of R v Golightly (1997) 17 WAR 401, the Court stated, inter alia, regarding the criteria of dying declarations as follows: (1) the maker must be dead; (2) the trial must be for the declarant’s murder or manslaughter; (3) the statement must be related to the cause of the declarant’s death; (4) it must be established that the declarant would have been a competent witness; and (5) the declarant must have been under a settled, hopeless expectation of death."
個細路女個時唔知自己會死 同個看更唔同 所以death declaration唔可以作為傳聞證供既exception