State v Verebasaga [2000] FJHC 119; Hac0008j.2000s (9 November 2000)

Fiji Islands - The State v Verebasaga - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0008/00S

THE STATE

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ass=MsoNormal alal align=center style="text-align: center; margin-top: 1; margin-bottom: 1"> ILIBERA VEREBASAGA

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Counsel: Mr Daniel Goundar for the State

Mr Eronitawatini for the Accused

Hearing: 31st October 2000

Judgment: 9th November 2000

JUDGMENT

The accused person is charged with Murder contrary to sections 199 and 200 of the Penal Code.

The assessors are unanimous in their opinions that she is guilty of murder as charged.

I have directed myself in accordance with my summing-up and have considered all the evidence in this case.

I am satisfied beyond reasonable doubt that the accused killed her newly born baby on 24th Septembe9 at Naisaumua Village, and that she did so with malice afoe aforethought. I am also satisfied beyond reasonable doubt that at the time of the act, when she tried to drown her baby, then buried it alive, her mind was not affected by any mental disorder associated with childbirth or lactation.

I therefore concur with the opinions of thessors and convict the accused of murder under sections 199 and 200 of the Penal Code.

Sentence: The accused is sentenced to life imprisonment.

Nazhat Shameem

JUDGE

At Suva

9th November 2000

Hac0008j.00s