Attorney General vs Hewa Welimunige Gunasena – CA PHC APN NO. 110/2012-2014

In The Attorney General v. Hewa Welimunige Gunasena, the court addressed the adequacy of sentencing in cases involving grave sexual abuse of minors. It was held that the original suspended sentence imposed by the High Court was inadequate in light of the gravity of the offense. The findings established that custodial sentences are required in such cases to mark the seriousness of the crime and to fulfill the purposes of deterrence and protection of public interest. Statutory requirements under Section 303(i) demand recorded reasons for suspended sentences, which were absent in the original judgment. The court accordingly set aside the initial sentence, affirming that proper sentencing practice requires proportionality and transparency, especially in offenses against children.

Sunil Rajapa