Bandara v. Republic of Srilanka – sllr 2002 volume 2 page 277

The case between Bandara (Plaintiff) and Republic of Sri Lanka (Defendant) addressed the issue of whether the original sentence imposed for rash and negligent driving causing multiple deaths and injuries was adequate or should be enhanced under Section 336 of the Code of Criminal Procedure Act, No. 15 of 1979. It was held that the original sentence of 30 months’ imprisonment was manifestly inadequate in view of the gravity of the offense, and the sentence was increased to 60 months’ rigorous imprisonment. The principle reaffirmed is that sentencing must reflect both the seriousness of the offense and the need to deter similar conduct, even when mitigating factors are present. The decision relied on statutory provisions governing sentencing post-trial, emphasizing the judiciary’s responsibi