Wimalasooriya Mudiyanselage Nimal Premaratne vs. The Hon. Attorney General – CA PHC APN 03/2015-2015

In the case between Wimalasooriya Mudiyanselage Nimal Premaratne (Accused-Petitioner) and the Hon. Attorney General (Complainant-Respondent), the court considered whether the sentence of 30 months’ rigorous imprisonment and a Rs. 50,000 fine for possession and trafficking of cannabis should be revised or suspended. It was determined that the requisite “exceptional circumstances” to justify revision were not demonstrated. The findings established that the High Court had acted within its discretion, mindful of mitigation, and that no miscarriage of justice or disregarding of mitigating factors occurred. The statutory framework was found to prohibit suspension of the sentence where a mandatory minimum is prescribed. The principle reaffirmed is that revisionary jurisdiction will not be exercis