The State vs D.M. Dasanayake – 95/2012-2017

In the case between D.M. Dasanayake and The Hon. Attorney General, the court addressed whether the Attorney General can appeal against a sentence imposed by the High Court without first obtaining leave of the Court, particularly when the accused has been acquitted of a murder charge but convicted for culpable homicide not amounting to murder. It was held that the Attorney General is statutorily required to seek leave before appealing in such circumstances. This principle was reaffirmed with reference to Section 15 of the Judicature Act and supporting case law, establishing that an acquittal of murder and conviction for a lesser offence mandates procedural compliance before an appeal by the Attorney General can be entertained. The judgment underscored that appellate procedures must be stric