5. Evidence may be given of facts in issue and relevant facts

Terms defined in s 3

• court

  court

  Defined · s 3

  “court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;

  Open s 3
• document

  document

  Defined · s 3

  “document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;

  Open s 3
• evidence

  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; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;

  Open 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