{UAH} IF MY DYING ENEMY POINTS AT ME AND DIES, CAN I BE CONVICTED OF MURDER
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IF MY DYING ENEMY POINTS AT ME AND DIES, CAN I BE CONVICTED OF MURDER
People who watched Game of Thrones will remember this also happened when Joffrey pointed at Tyrion Lannister in his dying moments.It also happened when Noble Mayombo was dying, where he pointed to the people in govt as responsible for his death.
Joffrey Baratheon was the arguably the worst king in the history of Westeros. Everybody except his mother hated him and wanted him dead (including every single person that has ever watched Game of Thrones) One day at his wedding of all places, he was poisoned. As he took his last breaths, he pointed at Tyrion Lannister his uncle the dwarf. Everyone took it to be his dying declaration of who had poisoned him. Tyrion was arrested and accused of murder.
WHAT IS A DYING DECLARATION AND WHEN CAN IT BE USED IN COURT?
A dying declaration is a statement or comment made by a victim regarding their death or the circumstances that led to their death. It is assumed that this comment is believable because it is unlikely that a dying man would lie about something or fabricate it.
For a dying declaration to be used in court;
1. It should be one in line with the cause of the person's death.
2. The person who makes the comment, must believe that they are about to die.
3. The person who makes the comment must have the mental capacity to give an accurate statement of what happened and the circumstances that have led to that situation. This is where those who were watching Joffrey may be skeptical (was he of a right mental capacity)
If Joffrey as he chocked, believed he was dying, and the utterance which Joffrey made was in line with the cause of death and was clear. Pointing at some one may not be clear and uttering a name must not be a clear enough to be considered a dying declaration; "it was Tyrion".
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-- People who watched Game of Thrones will remember this also happened when Joffrey pointed at Tyrion Lannister in his dying moments.It also happened when Noble Mayombo was dying, where he pointed to the people in govt as responsible for his death.
Joffrey Baratheon was the arguably the worst king in the history of Westeros. Everybody except his mother hated him and wanted him dead (including every single person that has ever watched Game of Thrones) One day at his wedding of all places, he was poisoned. As he took his last breaths, he pointed at Tyrion Lannister his uncle the dwarf. Everyone took it to be his dying declaration of who had poisoned him. Tyrion was arrested and accused of murder.
WHAT IS A DYING DECLARATION AND WHEN CAN IT BE USED IN COURT?
A dying declaration is a statement or comment made by a victim regarding their death or the circumstances that led to their death. It is assumed that this comment is believable because it is unlikely that a dying man would lie about something or fabricate it.
For a dying declaration to be used in court;
1. It should be one in line with the cause of the person's death.
2. The person who makes the comment, must believe that they are about to die.
3. The person who makes the comment must have the mental capacity to give an accurate statement of what happened and the circumstances that have led to that situation. This is where those who were watching Joffrey may be skeptical (was he of a right mental capacity)
If Joffrey as he chocked, believed he was dying, and the utterance which Joffrey made was in line with the cause of death and was clear. Pointing at some one may not be clear and uttering a name must not be a clear enough to be considered a dying declaration; "it was Tyrion".
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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)
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