§ SECTION 5 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Facts which are occasion, cause or effect of facts in issue or relevant facts

The second route in the catalogue: the surroundings of the main event — its occasion, its causes and effects, the state of things it happened in, and the opportunity that let it happen.

How to read Section 5

Five doorways, one anchor, and a line that separates it from § 4.

What it is about

Five categories around the main event: occasion, cause, effect, the state of things, and the opportunity — all relevant.

“Immediate or otherwise”

The link may be near or remote — a cause need not act instantly, an effect may surface later.

How it differs from § 4

§ 4 welds facts into the transaction itself; § 5 admits the surroundings — what stood before, around and after it.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 5 · verbatim

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.

(b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

In short: around every fact in issue the law opens five doorways — what set the stage (occasion), what produced it and what it produced (cause & effect, near or remote), the standing condition of things, and whatever gave the opportunity for it to happen.

→ § 4 brought in the transaction itself; § 5 brings in its context — the stage, the trigger and the traces.

Glossary

occasion

The circumstance that set the stage — B carrying money to the fair was the occasion of the robbery.

cause & effect

What led to the event, and what the event left behind — like struggle marks on the ground.

state of things

The standing backdrop — B’s health before the alleged poisoning.

opportunity

What opened the door — B’s habits, known to A, gave A the chance to administer poison.

immediate or otherwise

Near or remote — the connection need not be instant to count.

The picture

Five doorways, one centre.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleThe Illustrations

the ruleFive doorways around the event

In one lineThe surroundings of a fact in issue come in: its occasion, cause, effect, state of things and opportunity — near or remote.

Facts which are the occasion,the settingthe circumstances that set the stage for the event — B walking to the fair with money.

cause or effect,before & afterwhat produced the event — and what the event produced (the struggle marks it left).

immediate or otherwise,near or remotethe link need not be instant — remote causes and effects count too.

of relevant facts, or facts in issue,anchoredalways anchored to a fact in issue or an already-relevant fact.

or which constitute the state of things under which they happened,the backdropthe standing condition of things at the time — B’s health before the poison symptoms.

or which afforded an opportunity for their occurrence or transaction,the opportunitywhatever opened the door for it to happen — B’s habits, known to A.

are relevant.the resultall five categories walk in through the § 3 gate.

ExampleA house is burgled on a wedding night: the family’s absence (occasion), the broken window-latch (effect of the entry), and the thief’s knowledge that the house would be empty (opportunity) — all relevant, though none of them is the burglary itself.

✗ Not this§ 5 is not a licence for a whole life-history. The fact must be the occasion, cause, effect, state of things or opportunity of the fact in issue — general character or unrelated events travel (if at all) under other sections.

IllustrationsThe three pictures the Act itself gives

In one lineMoney shown at the fair (occasion) · struggle marks on the ground (effect) · B’s health and habits (state of things & opportunity).

(a) the robberyoccasionshortly before, B went to a fair with money, showed it, or spoke of it to others — the occasion for the robbery:

(b) the murdereffectmarks on the ground made by a struggle at or near the spot — effects the event left behind:

(c) the poisoningstate + opportunityB’s health before the symptoms, and B’s habits known to A which gave the opportunity to administer poison:

B at the fair with money, showing and mentioning it — the occasion of the robbery · tap outside or × to close

Illustration (a) — before the robbery, B carried money to a fair and showed or mentioned it — that occasion is relevant. (tap to zoom)

struggle marks, footprints and broken twigs at the murder spot — effects of the event · tap outside or × to close

Illustration (b) — marks of a struggle on the ground near the murder spot are effects the event left behind — relevant. (tap to zoom)

B healthy → habit known to A → opportunity → symptoms — state of things and opportunity · tap outside or × to close

Illustration (c) — B’s prior health and habits known to A (an opportunity to administer poison) are the state of things — relevant. (tap to zoom)

ExampleThe three illustrations map the five doorways: (a) is occasion, (b) is effect, and (c) covers both state of things and opportunity — with cause running through them all.

Connected provisions

§ 4

Same transaction

§ 4 takes the story itself; § 5 takes the stage it played on.

§ 3

The gate

§ 5 is the second “way” of connection that § 3 promised.

§ 6 · next

Motive, preparation & conduct

The next route: why a person acted, how they prepared, and how they behaved before and after.

lineage

IEA 1872, § 7

This provision carries forward section 7 of the repealed Evidence Act.