Marasinghe Darshana Deepal Marasinghe and J.S. Lakshman Jayarathna vs Hon. Attorney General – CA PHC 138/2004-2013

In the case between Marasinghe Darshana Deepal Marasinghe and J.S. Lakshman Jayarathna (Appellants) and the Hon. Attorney General (Respondent), the court considered whether an appeal to the Court of Appeal was maintainable after the High Court, exercising appellate jurisdiction, confirmed convictions and sentences for offences under the Penal Code. It was held that such appeals are not maintainable in the Court of Appeal, and that, pursuant to precedent (Wickremesekera Vs. OIC Ampara [2004] 1 SLR 257), any further appeal must be made to the Supreme Court with the required leave. The appeal was accordingly dismissed, reaffirming the principle that appellate review from High Court decisions delivered in appellate jurisdiction is restricted and subject to special leave requirements to the Sup