Rasakumar Thirukumar v. Hon. Attorney General – HCC/301/2019-2023

In the case between Rasakumar Thirukumar (Appellant) and the Hon. Attorney General (Respondent), the court addressed the issue of the propriety of a cumulative sentence following a guilty plea to four counts of rape and related offences. The holding determined that, while the appellant’s conviction was not under challenge, the original sentencing failed to afford adequate opportunity for mitigation submissions and resulted in an excessive cumulative term. The principle established was that sentencing must balance the nature of the offences with fair sentencing procedure, specifically requiring that an accused be given an opportunity to make submissions in mitigation. Relying on established sentencing practice and procedural fairness, it was held that when sentences are imposed for multiple