Karungu Aboobucker Ayisha Beebi vs. The Officer In Charge, Crimes Investigation Division, Police Station, Chilaw – CA/CPA/0097/23-2024

In the case between The Officer in Charge, Crimes Investigation Division, Police Station, Chilaw and The Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff) and Karungu Aboobucker Ayisha Beebi (also known as Sarangu Aboobucker Ayisha Beebi) (Defendant), the court addressed the propriety of sentence enhancement without affording the accused an opportunity to be heard. It was held that enhancing the sentence on the 4th count (criminal misappropriation) by the High Court, without granting the petitioner a chance to show cause, violated principles of natural justice. The decision reaffirmed that procedural fairness is a fundamental requirement in criminal proceedings, particularly regarding increased penalties, with reliance placed on Section 336 of the Code of Criminal Pro

REF: CA/CPA/0097/23-2024 Category: Tag:
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