Sarath Wijeratne Wickramasinghe vs. Hon. Attorney-General – SC APPEAL 87/2014-2024

In the case between the accused (appellant) and the Attorney-General and Officer-in-Charge, Crime Investigations, Police Station, Galle (respondents), the court addressed whether an order for the payment of compensation imposed by the Magistrate constituted a “penalty” under Article 13(6) of the Constitution, and whether the enhanced sentencing powers introduced by Act, No. 14 of 2005 could be applied retrospectively to an offence committed prior to its enactment. The findings established that the compensation order of seventy-five thousand rupees amounted to an impermissible penalty as it exceeded the statutory limit applicable at the time of the offence and was therefore constitutionally invalid. The holding reaffirmed the principle that penalties must not be imposed retrospectively and