Liyana Kangkanamge Don Keerthi and Diyapaththugama Vidanalage Gunawathi Samarasingha v. Hon Attorney General – CA 108/2014-2014

In the case between Liyana Kangkanamge Don Keerthi and Diyapaththugama Vidanalage Gunawathi Samarasingha (Accused–Appellants) and the Hon. Attorney General (Respondent), the court examined an application by the accused–appellants seeking to withdraw their appeal against conviction and to request the sentence be backdated to the date of conviction pursuant to Section 359 of the Criminal Procedure Code, in light of age and poor health. Upon consideration, the court determined that no sufficient grounds existed to alter the effective date of the sentence, as the original sentencing High Court had already evaluated relevant personal circumstances. The appeal was accordingly permitted to be withdrawn and was dismissed. The case affirms the principle that mitigating circumstances previously cons