Lionel v. The Attorney-General – sllr 2004 volume 1 page 123

In LIONEL v THE ATTORNEY-GENERAL, the court addressed the admissibility and evidentiary weight of dying declarations, with particular emphasis on the deposition of the deceased’s mistress and the necessity of her personal attendance due to conflicting testimony. It was held that reliance on this deposition, given its centrality and the discordant accounts from other key witnesses, rendered the conviction unsafe. The decision reaffirmed the principle that strict compliance with statutory requirements governing the admissibility of evidence is critical where material conflicts exist, particularly under section 33 of the Evidence Ordinance. The court, emphasizing the undue influence of inadmissible evidence on the trial outcome, set aside the conviction and acquitted the accused-appellant.

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