Evidence Act · 2014 Revised Edition · Chapter II
6. Relevancy of facts forming part of same transaction
Official textFrom Attorney General's Chambers, unchanged
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.
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.
Illustrations
A is accused of the murder of B by beating him. Whatever was said or done by A or
B or the bystanders at the beating or so shortly before or after it, as to form part of the transaction, is a relevant fact.
fact
“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;
A is accused of waging war against His Majesty the Sultan and Yang Di-Pertuan by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them.
A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose and forming part of the correspondence in which it is contained are relevant facts though they do not contain the libel itself.
Evidence 18
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
The question is whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.
Facts which are the occasion, cause or effect of facts in issue.
Terms defined in s 3
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
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