Hon. Attorney General Vs. Hettiarachchige Sunil Hettiarachchi – CA/HCC/0061/2018-2024

The case between the Attorney General/Attorney General’s Department and Hettiarachchige Sunil Hettiarachchi addressed the issue of mandatory sentencing for the offence of rape of a minor under Section 364(3) of the Penal Code. It was determined that the sentence provided by the High Court, which imposed eight years of rigorous imprisonment, failed to comply with the mandatory minimum requirement. The findings established that judicial discretion must adhere to statutory mandates and legal precedents concerning aggravating factors and mitigation, thereby necessitating an enhanced sentence.

Wickum A. Kaluarachchi, J — It was determined that the sentencing order by the High Court was legally unsound due to a complete disregard of the mandatory minimum sentence under Section 364(3) of the