Evidence Act · s 11

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11.
When facts not otherwise relevant become relevant
Facts not otherwise relevant are relevant —
(a) if they are inconsistent with any fact in issue or relevant fact;
(b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations
(a) The question is whether A committed a crime at Kuala Belait on a certain day.
The fact that on that day A was at Bandar Seri Begawan is relevant.
The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it is relevant.
(b) The question is whether A committed a crime.
The circumstances are such that the crime must have been committed either by A, B,
C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is relevant.

Evidence

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s 11When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant —

(a)

if they are inconsistent with any fact in issue or relevant fact;

(b)

if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a)

The question is whether A committed a crime at Kuala Belait on a certain day.

The fact that on that day A was at Bandar Seri Begawan is relevant.

The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it is relevant.

(b)

The question is whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B,

C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is relevant.

Evidence