Section 6 deals with relevancy of facts. They describe the various ways in which facts though not in issue are so related to each other as to form part components of the principal fact. There are facts which are related to each other as to form components of the principal fact. There are facts which are so closely or inseparately connected with the facts in issue they may be said to form part of the same transaction. Although the word gestae is not stated in section 6, the courts in Malaysia have applied this term and principle in our local cases.
In PP v Ahmad bin Ibrahim 2011 MLJU 921, it held that a transaction may constitute a single incident occupying a few moments or it may be spread over a variety of acts, declarations, occupying a much longer time and occurring on different occasions. They may also occur at the same place or different places. All these constituent incidents which though not strictly constituting a fact in issue, accompany and tend to explain and qualify the fact in issue. They form a chain as it were encircling the fact in issue. All the these facts are relevant to the fact in issue and therefore admissible in evidence. They are evidentially facts which render the existence or non-existence of a fact in issue highly probable.
It is important to bear in mind that what is admissible under section 6 are facts which are connected with the fact in issue as “part of transaction” under investigation. In order that different acts may constitute the same transaction, they must be connected by proximity of time, place, continuity of action and community of purpose and design. Whether the connection is sufficient to make a fact/facts part of the transaction or is too remote must always depend on the circumstances of the case.
The rule formulated in section 6 is expounded and illustrated in section 7, section 8 and section 9 of the Evidence Act 1950 and they should be read together. Relevancy has been described and Stephen says section 6 until section 11 are by far the most important and original part of the Act as they affirm positively what facts may be proved, where English Law assumes this to be known, and merely declares negatively that certain facts shall not proved. In testifying to the matters in issue, therefore witnesses must state them not in their barest possible form, but with a reasonable fitness of details and circumstances. These constituents or accompanying incidents are said to be admissible and forming part of the res gestae.
Prepared by Kang Khai Lun
In PP v Ahmad bin Ibrahim 2011 MLJU 921, it held that a transaction may constitute a single incident occupying a few moments or it may be spread over a variety of acts, declarations, occupying a much longer time and occurring on different occasions. They may also occur at the same place or different places. All these constituent incidents which though not strictly constituting a fact in issue, accompany and tend to explain and qualify the fact in issue. They form a chain as it were encircling the fact in issue. All the these facts are relevant to the fact in issue and therefore admissible in evidence. They are evidentially facts which render the existence or non-existence of a fact in issue highly probable.
It is important to bear in mind that what is admissible under section 6 are facts which are connected with the fact in issue as “part of transaction” under investigation. In order that different acts may constitute the same transaction, they must be connected by proximity of time, place, continuity of action and community of purpose and design. Whether the connection is sufficient to make a fact/facts part of the transaction or is too remote must always depend on the circumstances of the case.
The rule formulated in section 6 is expounded and illustrated in section 7, section 8 and section 9 of the Evidence Act 1950 and they should be read together. Relevancy has been described and Stephen says section 6 until section 11 are by far the most important and original part of the Act as they affirm positively what facts may be proved, where English Law assumes this to be known, and merely declares negatively that certain facts shall not proved. In testifying to the matters in issue, therefore witnesses must state them not in their barest possible form, but with a reasonable fitness of details and circumstances. These constituents or accompanying incidents are said to be admissible and forming part of the res gestae.
Prepared by Kang Khai Lun
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