GOMEZ
VS.
STATE

COURT OF APPEAL
SISIRA DEABREW, J.
UPALY ABEYRATNE, J.
CA 168/2004
HC COLOMBO 1036/2002
10TH NOVEMBER, 2008

Penal Code - Section 310, Section 313, Section 316 - Voluntarily causing grievous hurt- Ingredients- two distinct elements- Factum and animus-Absence of direct evidence of intent-Presumption?- Extent.

The accused - appellant was indicted under Section 316 of the Penal Code for voluntarily causing grievous hurt, to one R. After trial he was found guilty and sentenced. On appeal,

Held:

(1) Section 311 Penal Code - sets out the kinds of hurt which fell within the definition of grievous hurt - the requirements for the completion of the offence are in Section 313 - Penal Code. In terms of Section 313 -whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt is said voluntarily to cause grievous hurt.

(2) Offence of voluntarily causing grievous hurt consists of two distinct elements - factum and animus.

The prosecution must prove that the appellant did cause hurt, which hurt fell within the meaning of one of the limbs of