Mohomed Rifai Mohomed Fasmi v. Hon Attorney General – CA MC/RV 12/2016-2016

In the case between Mohomed Rifai Mohomed Fasmi (Complainant) and the Hon Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the issue concerned whether the sentences imposed by the Magistrate in a series of criminal cases should be amended, specifically regarding the removal of second counts related to disposal or possession of stolen property. It was held that, by agreement of both parties and upon concession by State Counsel, the second charge or count in several identified cases should be removed. The principle was reaffirmed that sentences should not include multiple counts when equality of charges exists, and that sentences must reflect only the valid and agreed-upon charges. This decision was guided by the parties’ agreement, judicial discretion, and procedura