Implied assertion


In the law of evidence, an implied assertion is a statement or conduct that implies a side issue surrounding certain admissible facts which have not necessarily been complied with the rules of relevance. There is varying opinion of whether hearsay evidence of implied assertions should be admissible in court to prove the issue within contents. While they are considered hearsay, they are generally considered to some extent unreliable than regular statements which are less easy to be fabricated.
In R v Sukadeve Singh EWCA Crim. 660, 2 Cr.App.R 12, Rose LJ giving the judgment of the court said this at paragraph 14:
In Sukadeve Singh various telephone entries were held not to be a matter stated within but to be implied assertions which were admissible because they were no longer hearsay.