W. D. Marks Wanigasekera v The Attorney General, Police OIC, and Commissioner General of Prison – CA PHC/202/15-2015

In Wanniarachchilage Desmon Marks Wanigasekera v. Hon. Attorney General and Others, the court addressed whether sentences imposed in four separate convictions for house breaking and theft should run concurrently or consecutively, and whether discretion exists for the court to suspend or combine such sentences in circumstances of delay and habitual offending. It was held that, pursuant to Section 300 of the Code of Criminal Procedure, sentences in separate and unrelated cases must be served consecutively, unless exceptional circumstances—such as a single transaction—are present. The decision reaffirmed that the mandatory language of Section 300 precludes judicial discretion for concurrent sentencing in cases involving multiple convictions for separate incidents. Reference was made to applic