W.A. Camilus Silva vs Hon. Attorney General – CA APPEAL NO. 20/2003-2013

In the case between W.A. Camilus Silva (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the accused-appellant, convicted of murdering Warnakulasuriya Rohini Priyanka and Warnakulasuriya Michael Fernando, was entitled to legal relief based on intoxication under Section 79 of the Penal Code. The court held that the evidence failed to establish intoxication to a degree sufficient to negate criminal intent, reaffirming the principle that the defense of intoxication under Section 79 must be proved by the accused on a balance of probability. This decision relied on statutory interpretation of Sections 78 and 79 of the Penal Code, and Section 105 of the Evidence Ordinance, emphasizing that mere consumption of alcohol is insufficient unless it incapacitat

REF: CA APPEAL NO. 20/2003-2013 Category: Tag:
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