17. Admission and confession defined

Terms defined in s 3

• fact

  fact

  Defined · s 3

  “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.

  Open s 3
• fact in issue

  fact in issue

  Defined · s 3

  “fact in issue” includes 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;IllustrationA is accused of the murder of B.At A’s trial the following facts may be in issue:(a)that A caused B’s death;(b)that A intended to cause B’s death;(c)that A had received grave and sudden provocation from B;(d)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.

  Open s 3