SL Advocacy

Law of Evidence - value of voice identification - alibi - Belatedness of Witness - The Tests of Probability and Improbability and the Test of Spontaneity - evaluation of the dock statement - applicability of the Ellenborough Principle -  Criminal Procedure Code, S.21 IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF  SRI LANKA Kaludev Rajaliyes de Silva  v.  The State C.A. Appeal No.10/2005 Present -  S.I. Imam, J. & Sarath de Abrew,J.               President's Counsel D.S. Wijesinghe appears with Miss.                                                     Kaushalya Molligoda for the Accused-Appellant.                DSG Navarathna Bandara appears for the AG. Decide...

Attroney General v. Mendis  (1995) 1 Sri LR 138 COURT OF APPEAL. GUNASEKERA, J. AND YAPA, J. C.A. 430/93 H.C. COLOMBO NO. 500/91 NOVEMBER 15 1994. Criminal Law - Mischief - Forgery - Sentences - Principles which should guide the Court - Plea bargaining and sentence bargaining.- White collar and economic crimes. Held: In assessing punishment the judge should consider the matter of sentence both from the point of view of the public and the offender. The judge should first consider the gravity of the offence, as it appears from the nature of the act itself and should have regard to the punishment provided in the Penal Code or other Statute under which the offender is charged. He should also regard the effect of the punishment as a deterrent and consider to what extent it will be effective. The incidence of crimes of the nature of which the offender has been found to be guilty and the difficulty of detection are also matters which should receive due consideration....