The Hon. Attorney General vs Ekanayake Mudiyanselage Athula Sri Mahanama Medalanda – CA PHC APN NO. 12/2017-2018

In the case between The Hon. Attorney General (Petitioner) and Ekanayake Mudiyanselage Athula Sri Mahanama Medalanda (Respondent), the Court addressed whether the sentence imposed by the High Court on the respondent, who pleaded guilty to multiple counts of rape of a minor, was manifestly inadequate and/or illegal under section 364(2) of the Penal Code, and whether the Court of Appeal should exercise revisionary jurisdiction to enhance the sentence. It was held that the original sentence—24 months’ rigorous imprisonment on each count, suspended for 10 years—was illegal for being below the statutory minimum and inadequate given the aggravating factors. The principle that mandatory minimum sentences for serious sexual offences must be strictly applied was reaffirmed. The decision relied on S

REF: CA PHC APN NO. 12/2017-2018 Category: Tag:
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