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ARTICLE · 08 SEPTEMBER 2021

Can a dying declaration be admitted in evidence?

Some Australian judges have ruled that a dying declaration could not be admitted if the person did not believe in God.

AustraliaLitigation, Mediation & Arbitration

A man is shot and lies dying on the floor in a pool of blood. He's discovered by another person not involved in the shooting, who realises he's still alive. The dying man mutters something. The person leans in closer, and with his final breath the man makes a dying declaration, whispering the name of the killer.

Police arrest the man the victim had named as his killer. The person who found the victim tells the court that the victim told him whodunnit with his dying breath.

But would this be acceptable in a real court? There is no evidence that the dying man named the right person, or even that he actually said that particular name.

Hearsay evidence normally not admissible in court

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