Ladupath Vithanalage Ariyaratne v. Hon. Attorney General – CA NO.300/09-2009

In Ladupath Vithanalage Ariyaratne v. Hon. Attorney General, the court considered whether the accused-appellant could withdraw the appeal against conviction and whether the sentence should be ordered to run from the date of conviction, accounting for time spent in remand. It was determined that the application to withdraw the appeal should be allowed and the sentence should be implemented from the original date of sentencing, reaffirming the principle that sentences may be backdated to reflect periods of remand when appropriate. The decision relied on established practice in sentencing and principles of fairness, ensuring that the time served in remand is properly credited.

K.K. Wickremasinghe J. — The findings established that the accused-appellant was produced in court by the prison au