R v Mabilikoe (C of A (CRI) 8 of 2003) [2004] LSCA 8 (20 October 2004)

R v Mabilikoe (C of A (CRI) 8 of 2003) [2004] LSCA 8 (20 October 2004)

The deceased's statements were admissible as dying declarations because he had a firm expectation of death, the identification of the appellant was reliable, and the appellant's alibi was inconsistent and unconvincing. The appellant's guilt was proved beyond reasonable doubt.

Citation
[2004] LSCA 8
Parties
Appellant: Seiketelo Mabilikoe; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 October 2004
Case Number
C of A (CRI) 8 of 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Dying Declaration, Admissibility of Evidence, Identification, Alibi, Murder
Source Language
English
Criminal Law Dying Declaration Admissibility of Evidence Identification Alibi Murder

Case Brief

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Parties

Seiketelo Mabilikoe

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the deceased's statements were admissible as dying declarations
  2. 2 Whether the deceased had a firm expectation of death when making the statements
  3. 3 Whether the deceased could have mistakenly identified the appellant

Ratio Decidendi

The deceased's statements were admissible as dying declarations because he had a firm expectation of death, the identification of the appellant was reliable, and the appellant's alibi was inconsistent and unconvincing. The appellant's guilt was proved beyond reasonable doubt.

Court Disposition

appeal dismissed