W.S. Arunasiri v. The Hon. Attorney General – CA HC – 46/2017-2017

In the case between W.S. Arunasiri (Accused-Appellant) and The Hon. Attorney General (Complainant-Respondent), the court addressed the issue of withdrawal of an appeal by the accused-appellant and the commencement date for implementation of the sentence under Section 359 of the Criminal Procedure Code. It was determined that the appeal could be withdrawn, and the sentence should be implemented from the date of conviction, endorsing the principle that execution of sentence may be ordered from the actual date of conviction where the circumstances justify such an order. Reliance was placed on Section 359 of the Criminal Procedure Code, underscoring that judicial discretion may be exercised in fixing the sentence commencement date, and emphasizing procedural fairness in such matters.

S. Thura