1950 Present: Swan J.

PREMADASA, Appellant, and COOKE, Respondent

S. C. 377-M. C. Anuradhapura, 2,531

Autrefois acquit-First charge framed for offence under Penal Code-Second charge, on same facts, for offence under Motor Car Ordinance-Criminal Procedure Code (Cap. 16) S. 330-Interpretation Ordinance (Cap. 2) S. 9.

The acquittal of an accused person in a prosecution for causing hurt by a rash or negligent act punishable under Sections 328 and 329 of the Penal Code is not a bar to the subsequent trial of the accused, on the same facts, for reckless and negligent driving in contravention of section 88 of the Motor Car Ordinance.

APPEAL from a judgment of the Magistrate's Court, Anuradhapura.

H. W. Tambiah, with J. C. Thurairatnam, for the accused appellant.

Ananda Pereira, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

September 20, 1950. SWAN J.-

The accused in this case was charged under the Motor Car Ordinance with having driven Motor Bus Z 3321 (a) recklessly, or in a dangerous manner, in breach of Section 88 (2) and (b) negligently, in breach of Section 88 (3). He was convicted and sentenced to pay a fine of Rs. 200 on eac