Abeysiri v. Wijesiri – sllr 1995 volume 2 page 051

In Abeysiri v. Wijesiri, the court addressed the issue of whether a shortfall of 90 ml of petrol during a transaction constituted intentional under-measurement or could be attributed to natural evaporation during the remeasurement process. It was held that reasonable doubt existed regarding the accused’s intent, as evidence supported the possibility of evaporation and ruled out tampering of measuring equipment. The principle reaffirmed was that benefit of the doubt must be given to the accused when reasonable alternatives to criminal conduct are established. This decision relied on the consideration of chain of custody and handling of potentially volatile substances, emphasizing the requirement for clear proof of culpability before conviction in regulatory offences.

Ismail J. — The findi