CA commutes teenager’s death penalty to 7-year-jail

New amendment to Penal Code merciful on a minor sentenced to death:

26 October 2022 08:55 pm - 10 - {{hitsCtrl.values.hits}}

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The Court of Appeal has commuted the death sentence of a teenager to seven-year imprisonment after taking into consideration the new amendments brought to the Penal Code in 2021 that death sentence should not be pronounced against a person who is under the age of 18 years, at the time of the commission of an offence.

The Court of Appeal Judges Nissanka Bandula Karunaratne and Justice R. Gurusinghe held that affirming a death sentence on an accused who was 15 years, at the time of the commission of the offence would amount to a violation of the provisions of section 53 of the Penal Code. The Appeal Court decided to refrain from affirming the death sentence imposed on the accused by High Court. Therefore, the death sentence imposed on the appellant is set aside.

The Attorney General had filed indictments against the accused in the High Court of Ratnapura for committing the murder of another individual after hitting with a cricket stump on the 14th of May 2002. By judgment dated 3rd October 2018, the Ratnapura High Court convicted the accused for committing the murder and he was sentenced to death. Being aggrieved by the said conviction and the sentence, the accused filed an appeal in the Court of Appeal.

Senior Counsel Darshana Kuruppu appearing for the accused had told court that the accused was only 15 years old at the time of the commission of the offence, and he further argued that the punishment of death should not have been imposed on him, in terms of section 53 of the Penal Code.
Section 53 of the Penal Code was amended by Act No. 25 of 2021.

According to the new Section 53 of the Penal Code Sentence of death shall not be pronounced against any person who is under the age of 18 years, at the time of the commission of an offence. The court shall, in lieu of sentencing such a person to death, sentence him to be detained in an institution established under any written law for the detention of persons under the age of 18, for a period specified in the sentence.

Considering all mitigating factors, the Court of Appeal imposed on the accused seven years Rigorous Imprisonment, to take effect from the date of conviction in 2018. (Lakmal Sooriyagoda)

Comments - 10

Shelly Belly Thursday, 27 October 2022 12:11 AM

This must have been very hard for the families of both the victim and the accused who was only 15 at the time of the crime. I hope he gets counseling and guidance to start life when he is released so he can move past his very difficult past.

Jude Thursday, 27 October 2022 09:10 AM

Even though murderer was 15 years old, the accused should have tried in adult court and sentenced for 25 years imprisonment without parole!! Yeah!!

Sokrates Thursday, 27 October 2022 09:13 AM

Here is another shining example of how degenerate and barbaric Sri Lanka is, when it was still possible to sentence minors to death until 2021 and that there is still the death penalty in this country. Especially in a country where Buddhism is protected as the foremost religion.

Mahesh Thursday, 27 October 2022 09:20 AM

Teach patience from Grade 1 onwards. This is something that lack in our society and main reason for murders, traffic violations and many more issues.

Adwani Thursday, 27 October 2022 09:34 AM

Cricket Stump should now be made up of Plastic, as the buckets and other items are available. Since many players are totally indiscipline and not follow the prescribed practices of sports.

Man Thursday, 27 October 2022 10:18 AM

What about the age of the person killed? If he was also under 18, the sentence of the CA is not fair and it will be a precedence, in the future. What justice prevails for under 18s in Sri Lanka, alike for adults.

Protestant Christian Thursday, 27 October 2022 10:51 AM

No one should take someones life, no matter what. Sri Lanka must get rid of the death sentence alltogether. And try to get this Gods child back in the arms of God.

Terrence Thursday, 27 October 2022 02:31 PM

Always when things of this nature happen especially on the field many views are expressed that the Courts give maximum punishment for a murder which is not preconceived but happens at the spur of the moment and this too with boys who cannot accept defeat and act rashly. In a judgement the learned Court of Appeal takes the pros and cons into consideration impartially applying the law without considering feelings and opinions which is the bedrock on which the final decision is taken.

Amenda Kuruwita Thursday, 27 October 2022 05:43 PM

Very good judgement. He was given 7 years . Now you can be a good citizen

H K Seneviratne Friday, 28 October 2022 07:17 AM

The circumstances under which the underage committed the crime should be considered as a paramount requirement.

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CA commutes teenager’s death penalty to 7-year-jail

New amendment to Penal Code merciful on a minor sentenced to death:

Comments - 10

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