Jayamaha sentenced to death
Royal Park Murder Appeal:July 11, 2012, 10:17 pm
By Chitra Weerarathnea
Shermantha Jude Anthony Jayamaha taken out of the Court by jailers
The Court of Appeal yesterday, while dismissing the appeal filed by Shermantha Jude Anthony Jayamaha (26) allowed the Attorney General’s appeal and enhanced the High Court sentence of 12 years rigorous imprisonment imposed on Jayamaha to a death sentence.
Jayamaha had appealed to the Court of Appeal against the High Court conviction and sentence for the murder of Yvonne Jonsson on July 1, 2005 at the Royal Park Condominium in Rajagiriya.
The Attorney General appealed to the same Court seeking to enhance the High Court conviction to one of murder.
The Court of Appeal said that the High Court had no basis to convict Jayamaha of culpable homicide, not amounting to murder, when the evidence showed, a deliberate intention to murder.
The judgement said that under section 280 of the Criminal Procedure Code, the Court of Appeal could override the High Court judgement and impose the death penalty. The High Court penalty of 12 years rigorous imprisonment with a fine was also set aside by the Court of Appeal.
Anil Silva PC appeared for the accused appellant Jayamaha.
Additional Solicitor General Jayantha Jayasuriya PC, appeared for the Attorney General.
The Court of Appeal Bench comprised Justices W. L. Ranjith Silva and Nalin Perera.
Before handing down the death sentence, the Court gave the convict a chance to tell the Court whether he had anything to say in defence of himself against death penalty. The convict, Jayamaha, remained silent.
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