Rathnapala vs. Attorney General – CA 253/2009-2009

In the case between Herath Mudiyanselage Rathnapala (Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the accused-appellant could withdraw the appeal and if the sentence should commence from the date of conviction. The appeal was permitted to be withdrawn, and it was concluded that the sentence would be calculated from 09.09.2009, the conviction date. The decision underscored the principle that, upon mutual consent by counsels and absent any objection from the respondent, requests regarding withdrawal and effective commencement of sentence may be granted. This result affirmed the discretionary powers of the appellate court in criminal procedural matters and reinforced respect for procedural motions where there is no contest.

H.N.J. Perera J. — After cons