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The relevancy of facts
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NotesLaw of Evidence
Relevancy of Facts
WHAT is Fact?
Section 3 of the Evidence Act 1950 defines “fact” as anything, state of things or relations of
things capable of being perceived by senses or any mental condition of any conscious person.
For example, a man heard or saw something or said certain words, or holds a certain opinion
or intention or has a certain reputation is a fact.
Generally, under the law of evidence any allegation of facts needs to be proved by the
production of evidence, either in the form of oral evidence, documentary evidence or real
evidence. The only instances where facts need not be proved is when the circumstance falls
under one of the following:
I. Judicial Notice is invoked pursuant to sections 56 and 57 (statutory judicial notice)
or common law judicial notice; or
II. Facts admitted pursuant to section 58; or
III. Presumption is invoked (which reverses the evidential burden of proof to the other
party).
Fact can be divided into physical or psychological fact.
(i) The physical fact is perceived by senses.
(ii) The psychological fact is only the mental condition of a person.
Fact can be further divided into fact in issue and relevant fact.
Fact in issue
“Fact in issue” means any fact from which, either by itself or in connection with other facts,
the existence, non-existence, nature or extent of any right, liability or disability asserted or
,denied in any suit or proceeding necessarily follows. In simple explanation, issue is the
disputed fact or facts, which need to be proved by the parties in the proceeding.
For example, A is charged with the rape of B (a 17-year-old girl). The prosecution as a matter
of law must prove the following facts: (a) sexual intercourse by A with B; and (b) B did not
consent to the sexual intercourse.
The prosecution needs to prove these facts and unless and until these facts have been proven,
the accused cannot be convicted.
Relevant fact
Section 3 of the Evidence Act 1950 defines “relevant” as follows:
... one fact is said to be relevant to another when the one is connected with the other in
any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
In DPP v Kilbourne,38
Lord Simon
Evidence is relevant if it is logically probative or disprobative of some matter which requires
proof.
R v Randall
Lord Steyn
Relevance is typically a question of degree determined, for the most part, by common sense
and experience.
Under the Evidence Act, relevant facts are those mentioned in sections 6 to 55. For example,
A is charged with the murder of B; the fact that he has motive to kill B and also opportunity to
kill B are relevant facts for the prosecution to establish that A murdered B.
, Facts declared to be relevant by the Evidence Act 1950
The facts declared to be relevant by the Act are contained in sections 6 to 55. They are as
follows:
a) Relevancy of facts forming part of same transaction (section 6)
b) Facts which are the occasion, cause or effect of facts in issue (section 7)
c) Motive, preparation and previous or subsequent conduct (section 8)
d) Facts necessary to explain or introduce relevant facts (section 9)
e) Things said or done by conspirator in reference to common design (section 10)
f) When facts not otherwise relevant become relevant (section 11)
g) In suits for damages facts tending to enable court to determine amount are relevant
(section 12)
h) Facts relevant when right or custom is in question (section 13)
i) Facts showing existence of state of mind or of body or bodily feeling (section 14)
j) Facts bearing on question whether act was accidental or intentional (section 15)
k) Existence of course of business when relevant (section 16)
l) Admissions (sections 17-23 and 31)
m) Confessions (sections 24-30)
n) Statements by persons who cannot be called as witnesses (sections 32,33 and 73A)
o) Statements made under special circumstances (sections 34-38)
p) How much of a statement to be proved (sections 39)
q) Judgments of courts when relevant (sections 40-44)
r) Opinions of Third Persons When Relevant (sections 45-51)
s) Character When Relevant (sections 52-55)
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