Gangananda v. The State – sllr 1995 volume 2 page 373

In the case between Gangananda (Accused/Appellant) and The State, the court addressed whether the accused was entitled to be informed of the right to make an unsworn statement from the dock during trial, and if the absence of such direction constituted a legal misdirection prejudicing the defense. It was held that the accused’s right to make an unsworn statement remains a substantive safeguard during criminal proceedings, and that failure to apprise the accused of this right resulted in serious prejudice. Reliance was placed on both English and local legal authorities affirming this right, with the court determining that a misdirection had occurred which necessitated the quashing of the conviction and the ordering of a retrial. This decision reinforced the requirement for trial judges to p