Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
32B. Statement of opinion
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Subject to this section, section 32 applies to statements of opinion as they apply to statements of fact.
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.
A statement of opinion is only admissible under section 32(1) if that statement would be admissible in those proceedings if made through direct oral evidence.
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; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;
Where a person is called as a witness in any proceedings, a statement of opinion by him or her on a relevant matter on which he or she is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him or her, is admissible as evidence of what he or she perceived.