IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Special Leave to Appeal against the Judgment dated 26/10/2017 delivered in the Provincial High Court of Ampara Appeal No. HC/AMP/APP/437/2016 under the Constitution of the Democratic Socialist Republic of Sri Lanka.

Officer-in-Charge, Police Station, Padiyatalawa.

Complainant SC Appeal No: 16/2018 SC (SPL) LA No. 268/2017 HC Ampara Case No.

HC/AMP/APP/437/2016 MC Dehiattakandiya No. 1780 Vs.

Gamini Harischandrage Nandana Sisira Kumara, No. 28/A, Kekirihena, Maha-Oya.

Accused AND BETWEEN Gamini Harischandrage Nandana Sisira Kumara, No. 28/A, Kekirihena, Maha-Oya.

Accused-Appellant Vs.

1. Officer-in-Charge, Police Station, Padiyatalawa.

2. Hon. Attorney General, Attorney General’s Department, Colombo 12.

Respondents AND NOW BETWEEN Gamini Harischandrage Nandana Sisira Kumara, No. 28/A, Kekirihena, Maha-Oya.

Accused-Appellant-Petitioner

3. Officer-in-Charge, Police Station, Padiyatalawa.

4. Hon. Attorney General, Attorney General’s Department, Colombo 12.

Complainant-Respondents-Respondents Before: Justice Priyantha Jayawardena, PC Justice A.L. Shiran Gooneratne Justice Mahinda Samayawardhena Counsel: Malaka Herath instructed by Niroshi de Alwis for the Accused-

Appellant-Appellant.

Induni Punchihewa, SC for the Hon. Attorney General.

Argued on: 14/11/2022 Decided on: 25/05/2023 A.L. Shiran Gooneratne J.

This is an appeal against the Judgment of the Provincial High Court of Ampara Case No. HC/AMP/APP/437/2016.

The Accused-Appellant-Appellant (hereinafter sometimes referred to as the Appellant) was convicted and sentenced in the Magistrates Court of Dehiattakandiya in Case No. 1780 for driving a bus bearing No. EP NA - 6856 in a rash or negligent manner, and causing the death of a person which is an offence punishable under Section 298 of the Penal Code, and four other counts under the Motor Traffic Act, which stated that the Appellant;

1. failed to avoid an accident, an offence punishable under Section 149(1) read with Sections 214(1)(a) and 224 of the Motor Traffic Act

2. driving the said bus negligently or without reasonable consideration for other persons using the highway, an offence punishable under Section 151(3) read with Section 214(1)(a) and 217(2) of the Motor Traffic Act

3. driving the said motor vehicle in a manner as to cause obstruction to other traffic, an offence punishable under Section 148(1) read with Section 214(1)(a) and 224 of the Motor Traffic Act, and

4. driving the said motor vehicle on a highway recklessly or in a dangerous manner or at a dangerous speed, an offence punishable under Section 151(2) read with Section

217(1) of the Motor Traffic Act.

At the conclusion of the trial the learned Magistrate by Judgment dated 08/03/2016 convicted and sentenced the Appellant on all five counts. Prior to the sentencing, the learned Magistrate observed that the Appellant had no previous convictions.

The sentence imposed on the Appellant is found in journal entry dated 23/03/2016. The learned Magistrate has dealt with each of the five counts as charged in the following manner;

Count 1 - 12 months Rigorous Imprisonment suspended for 12 months and Rs. 1500/-

fine in default 06 months imprisonment.

Count 2 - fine of Rs. 3000/- in default 01 month imprisonment.

Count 3 - fine of Rs. 15000/-in default 06 months imprisonment.

Count 4 - fine of Rs. 3000/- in default 01 month imprisonment.

Count 5 - fine of Rs. 15000/- in default 06 months imprisonment.

Thereafter the Court having considered the mitigatory circumstances pleaded on behalf of the Appellant, proceeded to cancel his driving licence. The Appellant was also ordered to pay compensation in a sum of Rs. 100,000/-.

Being aggrieved by the said conviction and sentence the Appellant by Petition of Appeal dated 06/04/2016 appealed to the Provincial High Court of Ampara (the Appellate Court). The Appellate Court by Judgment dated 26/10/2017 dismissed the Appeal subject to a variation of the fine imp