Present: Grenier J.   Aug.25,1911

SHAIKALI v. LEISAHAMY.

500-P. C. Colombo, 29,001.

Trespass on the railway line-Offence under a. 32 of Ordinance No. 9 of 1902-" Trespass " defined-Mens rea.

A person who goes on the railway line without the permission of the railway authorities would be guilty of an offence under section 32 of Ordinance No. 9 of 1902.

The term " trespass " in section 32 has not the same meaning as criminal trespass.

" Where the law says a certain act must not be done, and you consciously do it, the law presumes intention or knowledge on your part, and you have committed an offence."

THE facts are set out in the judgment of Grenier J.

Van Langenberg, for the accused, appellant.-There must be something in the nature of mens rea before the accused could be convicted. Trespass under the Railway Ordinance is not the same thing as criminal trespass under the Penal Code; yet there must be proof of mens rea before a person can be convicted under section 32. Counsel cited Queen v. Tolston1; Stroud's Judicial Dictionary, "Trespass".

The public has a right of access to the seashore. 2 Walter Pereira's Laws of Ceylon, pp. 179 and 180;