State v Koroilagilagi - judgment [1994] FJHC 76; Hac0026j.1990s (5 July 1994)

IN THE HIGH COURT OF FIJI
SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0026 OF 1990

STATE

-v-

KITIONE KOROILAGILAGI
TIMOCI GAUNAVINAKA

CHARGE: Counts 1 to 3- Larceny By Servant: Contrary to Section 274(a)(1)
of the Penal Code Cap.17.
Counts 4 to 9- Obtaining Money By False Pretences: Contrary to Section 309(a)
of the Penal Code, Cap.17.
Count 10- Fraudulent Falsification of Accounts: Contrary to Section 307(a)
of the Penal Code, Cap.17.

Ms Rice for the State
Accused in person

JUDGMENT

I now deliver the judgment of the Court. The Accused person Kitione Koroilagilagi Timoci Gaunavinaka is charged with the following offences:-

COUNT 1:

LARCENY BY SERVANT: contrary to Section 274 (a) (1) of the Penal Code, Cap.17.

COUNT 2:

LARCENY BY SERVANT: contrary to Section 274 (a) (1) of the Penal Code, Cap.17.

COUNT 3:

LARCENY BY SERVANT: contrary to Section 274 (a) (1) of the Penal Code, Cap.17.

COUNT 4:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap.17.

COUNT 5:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap.17.

COUNT 6:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap.17.

COUNT 7:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap.17.

COUNT 8:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap. 17.

COUNT 9:

OBTAINING MONEY BY FALSE PRETENCES: contrary to Section 309 (a) of the Penal Code, Cap.17.

COUNT 10:

FRAUDULENT FALSIFICATION OF ACCOUNTS: contrary to Section 307 (1) of the Penal Code, Cap. 17.

I have directed myself in accordance with my summing up to Assessors and I have borne in mind the nature and quality of the evidence adduced in this trial.

Two of the Assessors are of the opinion that Accused is not guilty as charged i.e. Larceny By Servant on the first, second and third count. I accept the majority opinion of the Assessors and find the Accused not guilty as charged on the first three counts and acquit him accordingly.

As for the 7th, 8th and 10th counts two of the Assessors are of the opinion that Accused is not guilty on those counts. I accept the majority opinion of the Assessors and find Accused not guilty as charged and I acquit him accordingly.

As for the 4th, 5th and 9th counts the Assessors are of the unanimous opinion that Accused is guilty as charged on those counts. I accept their opinion and find Accused guilty as charged on those three counts and convict him accordingly.

As for the remaining count 6 two of the Assessors are of the opinion that Accused is guilty as charged. I accept their opinion and find him guilty as charged and convict him accordingly.

S W Kepa
JUDGE

5th July, 1994

HAC0026J.90S