Jayasinghe vs Attorney General – sllr 2015 volume 1 page 136

In the case between Jayasinghe (Accused-Appellant) and Attorney General (Complainant–Respondent), the issue concerned compliance with the mandatory procedural requirement for an accused to be given the opportunity to elect trial by jury under Penal Code Section 295 and Code of Criminal Procedure Act Section 195(e)(e). The case examined whether the trial judge fulfilled the obligation to directly inquire and record the accused’s preference, impacting the accused’s constitutional right to a fair trial. The findings established that the trial judge failed to conduct this mandatory inquiry, constituting a fatal procedural irregularity. As a result, the conviction and sentence were set aside and a fresh trial was ordered, reaffirming the principle that strict adherence to statutory procedures i