Liyanarachchi and Others v. Officer-In-Charge Police Station, Hunnasgiriya – sllr 1985 volume 2 page 256

In the case between Liyanarachchi and Others (Plaintiffs) and Officer-in-Charge, Police Station, Hunnasgiriya (Defendant), the court addressed the legality of joining theft and assisting in concealment of stolen property in a single charge, the proper classification of the accused’s offense due to lawful custody, and the implications of the trial judge’s instructions regarding the right to silence. It was held that joinder of the theft charge and the charge for assisting in concealment of stolen property was improper, and that the offense committed by the bus driver, who had lawful custody, should be considered dishonest misappropriation, not theft. The findings established that the trial court’s remarks on the right to silence contravened the presumption of innocence and the accused’s pri