Liyanarachchige Jayawardena vs Hon Attorney General – CA HC/163/2016-2016

In the case between Liyanarachchige Jayawardena (Accused-Appellant) and the Hon. Attorney General, the court addressed the issue of whether the appeal of the accused-appellant should proceed following notification to the Court of Appeal of the appellant’s death. It was held that, upon confirmation of the appellant’s death, there was no basis for the continuation of appellate proceedings. The principle reaffirmed was that appellate jurisdiction cannot be exercised in matters where the appellant is deceased and no cause survives. The decision emphasized finality in criminal proceedings in the event of a party’s death, thereby terminating the appeal by operation of law.

Deepali Wijesundara J. — Upon notification by counsel of the accused-appellant’s death, it was determined that continuatio