Attorney General v. Balawickrema Kankanamage Upul Chandana Balawickrema Dambarawewa Mahiyanganaya – CA CASE NO. 45/12-2016

In the case between the Attorney General (Appellant) and Balawickrema Kankanamage Upul Chandana Balawickrema (Accused-Respondent), the issue concerned the adequacy of the sentence and fine imposed for an offence under Section 336 of the Penal Code read with Section 3 of the Offences against the Public Property Act No. 12 of 1982 (as amended). The court held that when stolen public property is recovered undamaged, the High Court retains discretion regarding the imposition and quantum of the fine, rather than being strictly bound to impose a fine amounting to three times the value of the property. This decision reaffirmed the principle that judicial discretion remains operative in sentencing when the State suffers no loss from the offence, placing reliance on the precise wording of the statu