High Court of Colombo vs. Kulakulasuriya Malavige Dulip Prasad Silva – CA HCC 42/20-2021

In the case between Kulakulasuriya Malavige Dulip Prasad Silva (Accused-Appellant) and The Hon. Attorney General, on behalf of the Democratic Socialist Republic of Sri Lanka (Complainant-Respondent), the court addressed the issues of evidentiary chain-of-custody, the impact of minor discrepancies in witness testimony, and the propriety of the conviction for possession and trafficking of heroin under Sri Lankan law. The court held that minor discrepancies in the count of heroin packets and other immaterial inconsistencies did not undermine the core evidence supporting conviction, reaffirming the principle that only substantial prejudicial defects which occasion a miscarriage of justice will justify setting aside a conviction or ordering a retrial. Reliance was placed on prior jurisprudence

REF: CA HCC 42/20-2021 Category: Tag:
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