Mohamed Nilam Mohamed Sameer Vs. The Hon. Attorney General – CPA 89/2021-2021

In the case between the Democratic Socialist Republic of Sri Lanka (Plaintiff/Complainant) and Mohamed Nilam Mohamed Sameer (Defendant/Accused–Petitioner), the court addressed the issue of whether the sentence imposed by the High Court of Colombo should be varied, considering only the sentence and not the conviction. It was determined that, upon application under Article 138 of the Constitution and relevant provisions of the Code of Criminal Procedure Act No. 15 of 1979, the sentences of two years’ rigorous imprisonment per count (three counts) imposed consecutively should instead run concurrently. The principle that sentences may be adjusted on review to prevent excessive cumulative punishment was reaffirmed. The decision emphasized effective application of sentencing discretion within th

REF: CPA 89/2021-2021 Category: Tag:
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