Ambagala Mudiyanselage Samantha Sampath vs Attorney General – SC APPEAL17/2013-2013

In the case between the Samantha Sampath vs AG, the court addressed whether the mandatory minimum sentence prescribed under Section 364(2)(e) of the Penal Code is compatible with the requirement for judicial discretion and constitutional standards, specifically under Articles 4(c), 11, and 12(1) of the Constitution. It was determined that enforcement of a mandatory minimum sentence restrains judicial discretion, especially in the sentencing phase for statutory rape offenses where the victim is under 16 years. The court reaffirmed the principle that sentencing must allow consideration of all circumstances of the case, referencing established Supreme Court precedent (notably SC Reference No. 03/2008). Consequently, it was ordered that the Court of Appeal’s imposition of a mandatory 10-year s