The Attorney General v. W. Liyanage Don Nalaka Dileep Kumara – CA NO: 232/09-2009

In the case between the Attorney General (Complainant-Respondent) and W. Liyanage Don Nalaka Dileep Kumara (Accused-Appellant), the court addressed whether the accused-appellant caused death by a rash or negligent act while driving, in violation of Section 298 of the Penal Code. It was held that the evidence established criminal negligence on the part of the accused-appellant, warranting affirmation of the conviction and sentence imposed by the High Court. The principle reaffirmed is that a driver of a heavy vehicle owes a heightened duty of care, and breach of this duty resulting in death constitutes criminal negligence under the Penal Code. Reliance was placed on witness testimony, forensic evidence, expert opinion, and legal standards for negligence, underscoring that dangerous driving