Kohona Koralalage Chandraratna Bandara and others vs Attorney General – CA HCC 292-295/2024-2025

In the matter of Attorney General v. Kohona Koralalage Chandraratna Bandara and others, the court addressed the issue of unlawful assembly concerning the 2nd, 4th, 5th, and 8th Accused-Appellants. The court held that the prosecution failed to establish a shared common object and the simultaneous presence of the accused, leading to the setting aside of their convictions. This decision reaffirmed the principle that mere presence is insufficient to prove membership in an unlawful assembly without evidence of common object and active participation. This case relied on precedents regarding the legal principles of unlawful assembly, emphasizing that the High Court misdirected itself in convicting the appellants without cogent evidence.

B. Sasi Mahendran, J. – The judgment detailed the procedu