Badde Liyanage Wasantha Kumara Fernando vs Hon. Attorney General – SC APPEAL NO: 70/2018-2020

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Badde Liyanage Wasantha Kumara Fernando, the court addressed whether the sentence of 10 years’ rigorous imprisonment imposed for culpable homicide (reduced from 15 years by the Court of Appeal) was excessive, considering the lapse of 13 years since the offence, absence of premeditation, and other mitigating factors. It was held that the 10-year sentence was neither excessive nor illegal, affirming that sentencing powers require a balance between mitigation for delay and recognition of crime severity. The principles of fair trial and appellate review were sustained, drawing on both Sri Lankan and comparative jurisprudence, with emphasis placed on the need for sentences to reflec