Niyas Jeswan Vs Hon. Attorney General – CA 83/2016-2016

In the case between Niyas Jeswan and the Hon. Attorney General, the court addressed the issue of the appropriateness of the sentence imposed for grave sexual abuse under Section 365(b)(2)(i)(b) of the Penal Code. It was held that while the conviction was supported by sufficient evidence and not contested on appeal, the sentence should be adjusted to align with the statutory minimum due to the circumstances presented. The principle reaffirmed is that sentencing must adhere to prescribed legal minimums while also considering the context of the offender and the offence. This decision relied on the statutory provisions of the Penal Code, with the sentence of imprisonment being reduced to the legal minimum, and the ancillary orders of fine and compensation being left undisturbed.

Deepali Wijes