Sirimanna Hettige Jayasena vs. Officer-in-Charge, Horana Police Station – SC APPEAL NO. 115/2019-2022

In the case between Officer-in-Charge, Horana Police Station (Complainant/Respondent) and Sirimanna Hettige Jayasena (Accused-Appellant-Petitioner), the court addressed whether the petitioner was afforded the opportunity to be heard regarding a variation of sentence, specifically the enhancement from a suspended to an active sentence by the High Court. It was determined that the requirement of procedural fairness, particularly the principle of audi alteram partem, was not violated, as mitigating and aggravating circumstances had been properly considered, even though explicit reasons were not recorded at the time of sentence variation. Both conviction and varied sentence were affirmed, thereby reaffirming the principle that the right to be heard must be balanced against an adequately reason