P. Piyadasa Vs. Hon. Attorney General – CA NO 154/2012-2012

The case between P. Piyadasa (Appellant/Accused) and the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Respondent), addressed whether the accused-appellant’s appeal against conviction and sentence should be permitted to be withdrawn, and if the sentence ought to be backdated from the date of conviction. It was held that the application to withdraw the appeal was accepted following confirmation by the accused-appellant, but the request to backdate the sentence was rejected, reaffirming the principle that sentencing must remain in accordance with the law as imposed by the High Court. The decision relied on Section 359 of the Criminal Procedure Code and established that backdating sentences is not permitted unless warranted by specific legal grounds. The appeal was dismiss

REF: CA NO 154/2012-2012 Category: Tag:
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