Wijamunige Themaris vs Attorney General – CA NO: 160/12-2017

In Attorney General v. Wijamunige Themaris, the court addressed the issue of whether the sentence imposed by the High Court of Embilipitiya for grave sexual abuse under Section 365 2 (B) (2) of the Penal Code was excessive and warranted reduction, as the conviction itself was not challenged. It was held that the sentence should be reduced to 7 years of rigorous imprisonment, with an additional order to pay compensation to the victim, while maintaining the previously imposed fines. This decision reaffirmed the principle that appellate intervention is justified in sentencing where the circumstances support it and the prosecution raises no objection. The holding relied upon a judicial assessment of proportionality in sentencing, emphasizing the balance between the seriousness of the offense a