Evidence Act · 2014 Revised Edition · Chapter II
17. Admission and confession defined
Official textFrom Attorney General's Chambers, unchanged
An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.
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; Illustrations A is accused of the murder of B. At his trial the following facts may be in issue — that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
A confession is an admission made at any time by a person accused of an offence, stating or suggesting the inference that he committed that offence.
Admission by party to proceedings, his agent or person interested.
Terms defined in s 3
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. 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;
fact in issue
Defined · s 3“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; Illustrations A is accused of the murder of B. At his trial the following facts may be in issue — that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III