Liyanage Justin Perera Vs. The Hon. Attorney General – CA /MC/RV APPN. NO: 20/2016-2018

The case between Liyanage Justin Perera (Plaintiff/Petitioner) and the Hon. Attorney General and others (Defendants/Respondents) addressed the legality of the imposition of default sentences of one year’s imprisonment for non-payment of Rs. 80,000 compensation across 11 related cases. It was determined that such default sentences must comply with section 291(i)(d) of the Criminal Procedure Code, which limits default imprisonment to no more than one-fourth of the maximum term prescribed for the offence. The Court of Appeal set aside the one-year default sentences, substituting them with three months’ rigorous imprisonment for each instance of non-payment, and directed the Magistrate to issue fresh warrants accordingly. This judgment reaffirmed the principle that courts must observe statutor