Sangarapillai Sangarganesh vs Hon. Attorney General – CA HCC/261/20-2023

In the case between Hon. Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff) and Sangarapillai Sangarganesh (Defendant/Appellant), the court addressed the issue of mandatory minimum sentencing in the context of a conviction for rape of an underage girl. It was held that while statutory provisions prescribe a minimum mandatory sentence, judicial discretion remains in varying the sentence within the parameters set by law based on the specific circumstances of the case. This position reaffirmed the principle that sentencing discretion must not be unduly fettered by minimum sentencing requirements, provided legal standards are respected. The decision relied on precedents such as Maramba Liyanage Rohana alias Loku vs AG SC Appeal No 89A-2009, underscoring the appropriate bal

REF: CA HCC/261/20-2023 Category: Tag:
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