Siyabalapitiyage Samantha Siyabalapitiya vs Hon. Attorney General – CA 100/2011-2012

In the case between Siyabalapitiyage Samantha Siyabalapitiya (Appellant) and Hon. Attorney General (Respondent), the court addressed the issue of whether the appeal by the accused-appellant against his conviction and sentence should be pursued or allowed to be withdrawn upon counsel’s request, and from which date the sentence should take effect. The appeal was allowed to be withdrawn at the request of the appellant’s counsel, with no objection from the Senior State Counsel and based on the admission that the accused-appellant had remained in custody since the original sentencing. The holding directed that the sentence is to be implemented from the date of the original High Court sentence (21.09.2011). This resolution reaffirmed the principle that withdrawal of appeal may be granted when no