Husband killed: Wife sentenced to death in Sri Lanka

  • 26 Feb 2009 12:55:19 GMT

    This decision is probably wrong as it has obviously failed to take into account the extenuating circumstsnces relating to the womans alleged crime.It is common for courts to consider the battered womens syndrome in crimes such as these.To not do so will amount to travesty of justice.Iam not sure if the courts in Sri lanka are familiar with these concepts which are well established in in other English common law jurisdictions.I hope the poor woman will appeal and succeed in her appeal.I thought capital punishment has been abolished in Sri Lanka or is it the case it`s never carried out,

  • 26 Feb 2009 14:43:59 GMT

    [What is the news in this?]

    Just to let people know what the LTTE clan is going to get after killing sooooo many innocent civilians!

  • 26 Feb 2009 16:45:08 GMT

    The initial reason is Alcohol.

    Where is ``Mathata Tihitha``?

    This is a case what the ``Kakillea decision`` is needed. The supplier of the alcohol should be punished with sentenced of death.

  • 26 Feb 2009 17:25:56 GMT

    Didn`t realise SL is still practising the death penalty.

    I thought you were past that stone age attitude, especially when it concerns beaten up women.

  • 27 Feb 2009 04:38:55 GMT

    I think this poor woman had a lousy defense. I bet the majority of the jury was men too. Any way this case will go to the supreme court and her sentence will be reduced to man slaughter. If not then in few years she will be pardoned by the president.

  • 27 Feb 2009 06:50:28 GMT

    Now the child will be without both parents and what will become of the child?

    If the woman has the means she can appeal to the SC and I am sure the verdict will be changed. If she is unable to do that, then we know this is a clear case of miscarriage of justice.

  • 27 Feb 2009 13:16:45 GMT

    Reads like an act of self defense and she should be set free.

    Some males behave worse than animals when they are drunk. In general, SL women need much better protection from such violent thugs.

  • 6 Mar 2009 05:44:39 GMT

    Linus23

    [It is common for courts to consider the battered womens syndrome in crimes such as these]

    BWS is not a concept seen in the SL Criminal Procedure. However the woman could have pleaded `provocation` as a defence according to the principle laid out in the Supreme Court case of R v Podinona as found in the NLR in Sri Lanka. In that case the defence of `provocation` was upheld on the basis that the woman was subject to battering by the victim husband over a considerable length of time snowballing the provocation and at one time it reached a climax and the woman bludgeoned the man to death while he was sleeping.

    Even with `provocation` pleaded as a defence a charge of murder will be reduced to `culpable homicide not amounting to murder` and the accused still would face either incaceration and/or a suspended sentence. In the US its known as Second Degree Murder and in most other English common law jurisdictions it`s known as Manslaughter.

  • 8 Mar 2009 10:52:31 GMT

    Thank you for your enlightening comments.It is interesting to note that provocation as a defence has been removed in most jurisdictions in Australia.However excessive self defence is available as a partial defence.This involves people who kill another person genuinely believing that their life is in danger but who are unable to demonstrate the objective reasonableness of their actions being considered as deserving a partial defence.Provocation is now a matter for mitigation of sentence.

  • 8 Mar 2009 21:27:35 GMT

    Linus23

    [It is interesting to note that provocation as a defence has been removed in most jurisdictions in Australia]

    I know that the defence of provocation for a charge of murder has been taken off in Western Aussi. However doesn`t it still continue as a defence for other assault based offences in WA?

    As to the defence been taken off in the other Aussi states I am not sure. Would you be able to enlighten me on that?