1963  Present  : T. S. Fernando, J.

A. K A. M. KHAN and others, Appellants, and M. G. ARIYADASA,
Respondent

S. C. 707-711 of 1962-M. C. Matara, 66552

Indictment-Unlawful assembly-Joinder of charges based on unlawful assembly with charges based on existence of common intention-Validity-Judicial precedents-Principle of stare decisis-Scope-Offence committed by one member of an -unlawful assembly-Nature of offence committed thereby-Criminal Procedure Code, ss. 152 (3], 180 (1) (2)-Penal Code, ss. 32, 67, 146.

Charges based on the existence of an unlawful assembly may be validly joined in the game indictment with charges based on the existence of a common intention as described in section 32 of the Penal Code.

The five appellants were charged under section 146 of the Penal Code with having committed, as members of an unlawful assembly, the offences of house-trespass, rioting, and causing hurt. They were also charged with having committed, in the course of the same transaction, the substantive offences of house-trespass, wrongful confinement, and causing hurt.

Held, that there was no misjoinder of charges.

Don Marthelis v. The Queen (65 N. L