Gamwarige Premawathie vs The Hon. Attorney General – CA HCC/225/2020-2022

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Gamwarige Premawathie, the court addressed the issue of whether the sentence of 7 years’ rigorous imprisonment imposed for culpable homicide not amounting to murder of an infant was excessive in light of significant mitigatory circumstances. It was held that the High Court did not adequately consider circumstances such as lack of intent, rape, social stigma, and the accused’s cooperative conduct, thereby warranting modification of the custodial sentence. The principle reaffirmed was the appellate court’s power, under Section 336 of the Code of Criminal Procedure Act, to intervene in sentencing when mitigatory circumstances have not been fully appreciated. The decision relied on