M. Joseph Oliver Fernando vs The Hon. Attorney General – CA 18/2015-2015

In The Hon. Attorney General v. M. Joseph Oliver Fernando, the Court of Appeal addressed whether the High Court erred in convicting the accused of murder and attempted murder under Sections 296 and 320 of the Penal Code, focusing on the establishment of *mens rea*. The sequence of events involved a post-altercation vehicular assault evidenced by threats and forensic traces, with the accused alleged to have deliberately run down the victims after a tavern dispute. The appellate court upheld the High Court’s findings, determining that discrepancies in witness testimony were not material, the forensic evidence strongly indicated intent, and the accused’s credibility was undermined by inconsistencies in his defense. The conviction and sentence were affirmed, reiterating that deliberate acts co

REF: CA 18/2015-2015 Category: Tag:
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