Priyantha Liyanage, LLB (Colombo), LLM (Colombo), PhD in Criminal Justice (Colombo), Accredited Mediator (Fiji & Singapore Mediation Centres), High Court Judge, Balapitiya
ABSTRACT
This study examines the impact of the ruling of the Supreme Court of Sri Lanka, SC Reference 03/2008, and subsequent judicial decisions stemming therefrom on the aims of sentencing envisaged by the reforms made to the Penal Code in 1995 which introduced minimum mandatory sentences for sexual offences. The qualitative analysis is grounded on two theories; The Horizontal Stare Decisis and the Feminist Legal Theory of Dominance. The study argues the failure of the legislature at the time of introducing the concept of mandatory sentences to incorporate provisions to cater for the extreme factual situations has contributed to the subsequent scenario of total disregard of the mandatory sentences prescribed by the legislature. This study posits that the subsequent decisions based on the ruling made modifications that deviate from the essence of the ruling. Based on the findings, this study offers implications for the criminal justice system and provides propositions for ensuring the aims of sentencing.
Keywords: Minimum mandatory sentence, Stare decisis, rape victim, sentencing objectives, legislature, judiciary
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