King V. Geekiyanage John Silva

[COURT OF CRIMINAL APPEAL.]

1945 Present : Howard C.J., Keuneman and Jayetileke, JJ.

THE KING v. GEEKIYANAGE JOHN SILVA.

84-M. C. Panadure 27,675.

Accused's failure to give evidence-Charge of murder-Judge's direction that failure to give evidence is an element that may be considered-Proof of case beyond reasonable doubt-Principle to be applied.

Where in a charge of murder the presiding Judge directed the jury " that the failure of the accused to give evidence was an element that they may take into consideration in discussing whether the Crown has proved the case beyond all reasonable doubt- ",

Held, that there was no misdirection in law.

The King v. Duraisamy (43 N. L. R. 241) distinguished.

It is within the discretion of a Judge to comment on the failure of an accused person to give evidence and the Court of Criminal Appeal will not generally interfere with that discretion.

The comments of the Judge on an accused's failure to give evidence should be confined to those cases in which there are special circumstances which an accused only can explain and which therefore call for an explanation by him. The failure of an accus

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