Dickmadu Godage Gunarathna Eththalawatta v. The Hon. Attorney General – CA 132/2012-2012

In the case between Dickmadu Godage Gunarathna Eththalawatta, Atakalapanna (Accused-Appellant) and The Hon. Attorney General, Colombo 12 (Respondent), the court addressed the issue of whether the sentence imposed for criminal breach of trust was excessive, taking into account the accused-appellant’s mitigation plea and partial civil settlement. It was held that while a civil settlement and remand period should be considered in sentencing, they do not absolve or mitigate criminal liability. The principle that sentences must be proportionate and responsive to mitigating circumstances was reaffirmed. The decision applied relevant Penal Code sections and stressed that criminal liability is unaffected by parallel civil settlements, thus affirming the conviction but reducing the term of imprison

REF: CA 132/2012-2012 Category: Tag:
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