ATTORNEY GENERAL VS UDAYA DE SILVA AND OTHERS

ATTORNEY GENERAL VS. UDAYA DE SILVA AND OTHERS

COURT OF APPEAL
SISIRA DE ABREW.J
UPALY APEYRATNE.J
CA 133/2007
HC 2914/06 - COLOMBO
SEPTEMBER 2,2009

Penal Code - Section 102, 113, 456, 459, 454 - Code of Criminal Procedure Act No. 15 of 1979 - Section 331 Judicature Act No. 2 of 1978- Appeal by the Attorney General - Failure to comply with Section 303 (2) of the Criminal Procedure Code? - Sentence inad - equate- Jurisdiction of the Appellate Court assessing punishment- Guidelines? - Plea bargaining- Sentence bargaining

The 1st and 2nd respondents were indicted under 11 counts punishable under Sections 102, 113, 456, 459, 403 and 454 of the Penal Code.

At the trial the 2nd respondent pleaded guilty to all the counts and the High Court sentenced her on all the counts. The 2nd respondent also pleaded guilty and certain sentences were imposed. The state contended that the sentences are inadequate having regard to the law, the nature of the offences and the order of suspending the sentence is illegal-as the trial Judge has failed to comply with Section 303 (2) (d) of the Criminal Procedure Code.

Held:

(1) In assessing

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