1961 Present: Sansoni, J., and H. N. G. Fernando, J.

M. SELLADORAI, Appellant, and THE QUEEN, Respondent

S. C. 50-D. C. (Criminal) Negombo, 4,587

Negligence-Charge of driving rashly-Evidence that driver was under the influence of liquor- Admissibility -Evidence in rebuttal to impeach, credit of accused- Admissibility.

In a prosecution for causing the death of a person by rash driving the mere fact that the accused was smelling of liquor at the time of the accident is not of itself relevant. Evidence as to the drink taken by the driver, to be admissible, " must tend to show that the amount of drink taken was such as would adversely affect the driver, or, alternatively, that the driver was in fact adversely affected."

Evidence of admissible admissions made by an accused that could have been given before the prosecution was closed cannot be given as evidence in rebuttal to impeach the credit of the accused.

APPEAL from a judgment of the District Court, Negombo.

G. E. Chitty, Q.C., with K. Sivasubramaniam, for the accused-appellant.

Shiva Pasupati, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

October 18, 1961. SANSONI, J.