Makawitage Lakshman Pathiraja Samarasinghe v. Hon Attorney General – CN253/2010-2017

In the case between the Democratic Socialist Republic of Sri Lanka and Makawitage Lakshman Pathiraja Samarasinghe, the court addressed whether the sentence imposed by the High Court for solicitation and acceptance of a bribe under the Bribery Act was excessive. It was held that, although the gravity of the offenses and aggravating features were properly recognized, the High Court failed to adequately weigh mitigating factors such as the accused’s age, deteriorating health, lengthy delay in proceedings, and lack of prior convictions. The principle reaffirmed is that both aggravating and mitigating circumstances must be judiciously considered in sentencing, particularly in corruption-related offenses. The decision relied on relevant sentencing statutes and comparative case law, emphasizing t

REF: CN253/2010-2017 Category: Tag:
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