Gunawardane vs. Amarasighe and Another – sllr 2012 volume 1 page 160

In the case between Gunawardane (Plaintiff) and Amaras-inghe and Another (Defendants), the court addressed whether a prior criminal conviction or plea of guilt and subsequent compounding of the criminal charge bear relevance in a civil damages suit for assault. It was held that a criminal conviction or plea of guilt is admissible in civil proceedings but does not conclusively establish the civil claim’s factual basis. The findings reaffirmed the principle that civil claims require independent proof, and double compensation is to be avoided where the criminal charge is compounded and a settlement reached. Reliance was placed on Section 266(4) of the Code of Criminal Procedure and relevant case law, emphasizing that settlement before the Magistrate’s Court precludes further civil damages for

REF: sllr 2012 volume 1 page 160 Category: Tag:
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