K. D. B. PERERA, Appellant, and WIJETUNGA (Addl. Magistrate, Colombo), Responden

033-NLR-NLR-V-76-K.-D.-B.-PERERA-Appellant-and-WIJETUNGA-Addl.-Magistrate-Colombo-Responden.pdf


FERNANDO, P.—Perera v. Wijetunga
173
[In the Coubt op Appeal op Shi Lanka]
Present: Fernando, P., SIrimane, J., Samerawickrame, J.,and Siva Supramaniam, J.
K. D. B. PERERA, Applicant, and A. S. WIJETUNGA(Addl. Magistrate,Colombo), Respondent
' C. A. Application No. 65 of 1972
S. C. 23/72—Application in Revision in M. C. Colombo, 48070/A
Court of Appeal—Sentence which is not illegal—Difficulty of granting leave to appealagainst such sentence.
The Court of Appeal will not grant leave to appeal against a sentenoewhich is not illegal, unless the circumstances are very exceptional orextraordinary.
.A. PPLICATION for leave to appeal against a sentence passed by theMagistrate’s Court, Colombo.
M.Naasim, for the applicant.
Respondent absent and unrepresented.
December 21,1972. Fernando, P.—
The sole purpose of this application is to obtain leave from this Courtto appeal against a sentence which is not an illegal one. We would liketo avail ourselves of this opportunity to state that, unless the circum-stances are very exceptional or extraordinary, this Court will not considerfavourably a grant of leave to appeal from such a sentence. The instantcase is not one such, and leave to appeal is accordingly refused.
Application refused.