Motive, preparation and previous or subsequent conduct
8.—(1)  Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2)  The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
     Explanation 1.—The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.
     Explanation 2.—When the conduct of any person is relevant any statement made to the person or in his or her presence and hearing which affects such conduct is relevant.
Illustrations
     (a)  A is tried for the murder of B.
     The facts that A murdered C, that B knew that A had murdered C and that B had tried to extort money from A by threatening to make B’s knowledge public, are relevant.
     (b)  A sues B upon a bond for the payment of money. B denies the making of the bond.
     The fact that at the time when the bond was alleged to be made B required money for a particular purpose is relevant.
     (c)  A is tried for the murder of B by poison.
     The fact that before the death of B, A procured poison similar to that which was administered to B is relevant.
     (d)  The question is whether a certain document is the will of A.
     The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that A consulted lawyers in reference to making the will, and that A caused drafts of other wills to be prepared of which A did not approve are relevant.
     (e)  A is accused of a crime.
     The facts that either before, or at the time of or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to A, or that A destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
     (f)  The question is whether A robbed B.
     The facts that after B was robbed, C said in A’s presence: “The police are coming to look for the man who robbed B”, and that immediately afterwards A ran away are relevant.
     (g)  The question is whether A owes B $10,000.
     The facts that A asked C to lend A money, and that D said to C in A’s presence and hearing: “I advise you not to trust A for A owes B $10,000”, and that A went away without making any answer, are relevant facts.
     (h)  The question is whether A committed a crime.
     The fact that A absconded after receiving a letter warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant.
     (i)  A is accused of a crime.
     The facts that after the commission of the alleged crime A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
     (j)  The question is whether A was raped.
     The facts that shortly after the alleged rape A made a complaint relating to the crime, the circumstances under which and the terms in which the complaint was made, are relevant.
     The fact that without making a complaint A said that she had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(1)(a), or as corroborative evidence under section 159.
     (k)  The question is whether A was robbed.
     The fact that soon after the alleged robbery A made a complaint relating to the offence, the circumstances under which and the terms in which the complaint was made, are relevant.
     The fact that A said A had been robbed without making any complaint is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(1)(a), or as corroborative evidence under section 159.
[4/2012]