Hussain v State [2021] FJCA 254; AAU0009.2020 (29 December 2021)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CRIMINAL APPEAL NO.AAU 0009 of 2020

[High Court at Suva Criminal Case No. HAC 317 of 2015]

BETWEEN:
NOUSHEEN MEZBEEN HUSSAIN

Appellant

AND:
STATE

Respondent

Coram: Prematilaka, ARJA

Counsel: Mr. M. Yunus for the Appellant

: Mr. R. Kumar for the Respondent

Date of Hearing: 23 December 2021

Date of Ruling: 29 December 2021

RULING

[1] The appellant had been charged in the High Court at Suva on one count of theft contrary to section 291 of the Crimes Act No. 44 of 2009, one count of obtaining property by deception contrary to section 317 of the Crimes Act No. 44 of 2009 and one count of money laundering contrary to section 69(2)(a) and (3)(b) of the Proceeds of Crime Act, 1997 committed in 2012 at Suva in the Central Division. The charges were as follows:

‘First Count

Statement of Offence

THEFT: Contrary to section 291 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

NOUSHEEN MEZBEEN HUSSAIN also known as Nousheen Mezbeen Ali, between the 1^st day of Jan 2012 and the 31st day of May, 2012, at Suva, in the Central Division dishonestly appropriated $15,362.78 belonging to Art and Soul Limited the intention of permanently depriving the said Art and Sond Soul Limited of the said amount.

Second Count

Statement of Offence

OBTAINING PROPERTY BY DECEPTION: Contrary to section 317 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

NOUSHEEN MEZBEEN HUSSAIN also known as Nousheen Mezbeen Ali, between the 8^th day of February, 2012 ae 2nd day of Mar012, at Suva, in , in the Central Division dishonestly obtained $1,772.10 from Fiji Revenue and Customs Authority with the intention of permanently depriving Fiji Revenue and Customs Authorityhe said amount.

Third Count

Statement of Offence

MONEY LAUNDERING: Contrary to section 69(2)(a) and (3)(b) of the Proceeds of Crime Act 1997.

Particulf Offence

NOUSHEEN MEZBEEN HUSSAIN also known as Nousheen Mezbeen been Ali