Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
15. Facts bearing on question whether act was accidental or intentional
Feedback & supportWhen there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.Illustrations (a) A is accused of burning down A’s house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of which A insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant as tending to show that the fire was not accidental. (b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the amounts received by A. A makes an entry showing that on a particular occasion A received less than A really did receive. The question is whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit dollar. The question is whether the delivery of the dollar was accidental. The facts that soon before or soon after the delivery to B, A delivered counterfeit dollars to C, D and E are relevant as showing that the delivery to B was not accidental.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(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.