Smith vs Ahamado – clr volume 1 page 017

In Smith v. Ahamado, the court examined whether a vendor’s act of remaining aboard a steamer after being instructed to depart constituted criminal trespass under sections 427 and 433 of the Ceylon Penal Code. It was determined that merely failing to leave the vessel did not establish the essential elements of criminal trespass in the absence of proof of intent to commit an offence, or intent to intimidate, insult, or annoy. The holding reaffirmed the requirement for both criminal intent and aggravating circumstances for a charge of criminal trespass. This decision was grounded in the statutory provisions of the Ceylon Penal Code and reinforced the necessity of demonstrating intent and aggravating factors in such cases.

Clarence J. — The findings established that the charge as framed by t