Myrvin Priyantha Balasooriya vs. Hon. Attorney General – CA HCC 0062/2024-2024

In The Attorney General v. Myrvin Priyantha Balasooriya, the court addressed whether non-custodial sentences under Section 306 of the Code of Criminal Procedure could be imposed in High Court cases involving indictments for kidnapping and grave sexual abuse of a minor. It was held that the provisions for non-custodial sentences do not apply in such cases when aggravating factors, such as premeditation, manipulation, and the accused’s prior criminal history, are present. The principle affirmed that the minimum mandatory custodial sentence must be imposed where statutory requirements and aggravating circumstances exist. This decision relied on statutory interpretation and case law including Attorney General vs. Ranasinghe and others, emphasizing the judiciary’s obligation to uphold mandatory