Dakai v State [2001] FJHC 209; Criminal Appeal 0036.2001 (6 July 2001)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 0036 OF 2001

BETWEEN:

TEVITA DAKAI
Appellant

AND:

STATE
Respondent

Appellant in Person
Ms A.K. Bavou for the Respondent

Date of Hearing: 6th July 2001
Date of Judgment: 6th July 2001

JUDGMENT

This is an appeal against the conviction and sentence of the Appellant in the Resident Magistrate’s Court at Suva on the 30th of March 2001 of a charge of Defilement of a girl under thirteen years of age contrary to Section 154 (1) of the Penal Code, Chapter 17. The Appellant pleaded guilty and was sentenced to five years imprisonment.

The victim was a little over twelve years of age at the time of the offence. A medical report tendered on behalf of the Prosecution stated that this was the second time the Appellant had defiled a girl under the age of thirteen and that the victim had been distressed, had been caused pain by the Appellant and had suffered a lacerated hymen.

The Appellant presented seven grounds of appeal none of which in my view carries any weight. I am satisfied that the Appellant fully understood the nature of the charge against him before pleading guilty and that there is no substance in his claim that his victim consented to having intercourse with him.

Section 155 (3) of the Penal Code states that it is no defence to a charge of unlawful carnal knowledge of a girl under the age of thirteen years to prove that she consented to the act. I consider the Learned Magistrate committed no error in imposing the maximum sentence allowed in the Magistrate’s Court for the offence and I therefore dismiss the appeal.

JOHN E. BYRNE
JUDGE