Gamini Senanayake vs Hon. Attorney General – CA 129/2009-2014

In The Hon Attorney General (representing the Democratic Socialist Republic of Sri Lanka) v. Gamini Senanayake, the court addressed whether the conviction of Gamini Senanayake for causing the death of Chamila Harshani Subhashini by negligent and reckless driving under Section 298 of the Penal Code was correct following an initial indictment for murder under Section 296. It was held that the conviction and amendment of the charge to Section 298, and the imposition of sentence, were proper in law. The principle that conviction for a lesser offence may follow if supported by evidence was reaffirmed. Reliance was placed on the doctrine of res ipsa loquitur and relevant legal authority, emphasizing that Section 306 of the Criminal Procedure Code does not permit conditional discharge for High Co