Hewa Nekathige Saiman v. Hon Attorney General – CA PHC APN/135/2013-2013

In the case between Hewa Nekathige Saiman (Petitioner) and the Hon. Attorney General (Respondent), the court addressed the issue of the appropriateness of the sentence imposed on the Accused–Petitioner, who was convicted of sexual offences against a minor under Section 365 of the Penal Code as amended. It was held that the trial judge had duly considered all aggravating and mitigating factors, as well as relevant sentencing guidelines, and that the sentence imposed was appropriate. The primary legal principle reaffirmed is that protection of children and consideration of the best interests of the child must predominate in sentencing decisions concerning offences against minors. Reliance was placed on the Penal Code, Supreme Court guidelines (SC 3/2008), and the United Nations Child Rights