Sudu Banda v. The Attorney General – sllr 1998 volume 3 page 375

In Sudu Banda v. The Attorney General, the court addressed whether the accused’s conduct constituted an attempt to commit murder, considering the Proximity Rule and the Equivocality Test, as well as evidentiary issues relating to the non-production of the firearm. The findings confirmed that the accused’s actions, established by uncontradicted oral evidence, satisfied the criteria for attempt, dismissing distinctions between mere preparation and overt act under relevant statutory and case law. The court determined that failure to produce the weapon did not discredit reliable oral testimony. The conviction and sentence were upheld, underscoring that statutory requirements and judicial tests may be satisfied by credible witness accounts and not solely by physical exhibits.

Jayasuriya J. —