D.M. Dasanayake v. The Attorney General of the Democratic Socialist Republic of Sri Lanka – CA 95/2012-2017

In the case between the Attorney General of the Democratic Socialist Republic of Sri Lanka and D.M. Dasanayake, the court addressed whether the sentence imposed for culpable homicide not amounting to murder under Section 297 of the Penal Code was excessive and should be reduced. The holding established that no grounds existed to interfere with the conviction or sentence, and the original sentence of 12 years’ rigorous imprisonment with a fine was affirmed. The principle reaffirmed was that sentencing discretion lies with the trial judge, and intervention is warranted only upon clear error or injustice. The decision referred to the sufficiency of evidence and attributed appropriate weight to mitigating and aggravating circumstances, emphasizing judicial restraint in appellate review of sent