What is evidentiary facts ?
Evidentiary facts are known as facts relevant to the facts in issue.
Evidentiary facts are related to the logical inference to proof the facts in issue.
Evidentiary facts will prove the facts in issue.
Evidentiary facts are the second category of the objects of proof.
Evidentiary facts are referred to 'factum probandum' or a fact offered to prove another fact.
The common example of evidentiary fact include the absence or presence of the motive on the part of the defendant who committed the offence.
Motive is not an element of the offence. Motive is considered to provide explanation or sense of reasons for criminal activity.
Despite being not part of the elements of the offence, motive is important in raising the probability of the fact that the defendant did commit the offence.
Evidentiary facts may be proved by evidence.
In cases where the evidentiary fact are not judicial noticed or formally admitted.
The evidence may include, real evidence, documentary evidence and testimony evidence.
If for example, the existence of the defendant's alleged motive were disputed, the evidentiary facts must be suggestive of the present of the motive.
As a result, evidentiary facts may stand as an object of proof and means of proving the fact in issue.