Kariyawasam Ampegama Gamage v. The Hon. Attorney General – CA HCC/0310/2015-2009

In the case between Kariyawasam Ampegama Gamage Kamal Shantha Kariyawasam (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court considered whether judicial discretion allowed for a sentence less than death or life imprisonment for trafficking and possession of more than 2 grams of heroin under the Poisons, Opium and Dangerous Drugs Ordinance. The finding established that only death or life imprisonment could be imposed, reaffirming the principle that mandatory statutory punishments may not be modified by judicial discretion unless expressly permitted by the legislation. This decision relied on statutory interpretation of the Ordinance and constitutional provisions vesting sentencing authority in Parliament, emphasizing that courts cannot substitute or ignore

REF: CA HCC/0310/2015-2009 Category: Tag:
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