Yatiwala Withanalage Samson Micheal Perera vs Hon. Attorney-General – CA/HCC/056/2024-2025

In the case between The Democratic Socialist Republic of Sri Lanka (Plaintiff/Complainant/Respondent) and Yatiwala Withanalage Samson Micheal Perera (Defendant/Accused-Appellant), the court addressed the issue of whether the sentencing for grave sexual abuse of a minor was properly determined, particularly in relation to the consideration of aggravating and mitigating circumstances. The court held that the sentencing imposed by the High Court—comprising concurrent sentences of seven years’ rigorous imprisonment for each count—was justified and warranted no intervention. The holding reaffirmed the principle that judicial discretion in sentencing, especially under Section 365B(2)(b) of the Penal Code, should balance aggravating and mitigating factors, with substantial weight given to aggrava