Albert Nilangan v. Hon. Attorney General – CA HCC/0209/2019-2022

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Albert Nilangan, the court addressed whether the conviction and death sentence for murder under section 296 of the Penal Code against the appellant should be upheld, and whether the appellant was entitled to the partial defence of “sudden fight” under Exception 4 to section 294 of the Penal Code, or to the defences of grave and sudden provocation or cumulative provocation. It was determined that the evidence did not support the applicability of the sudden fight exception or cumulative provocation, as the victim was unarmed and the appellant acted with clear violence and advantage. The holding reaffirmed that the legal requirements for the sudden fight exception include the pres