State v Ashwin [2004] FJHC 158; HAC0027Y.2003S (5 October 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0027 OF 2003S

STATE

v.

AKASH ASHWIN

Hearing: 5th October 2004
Ruling: 5th October 2004

Counsel: Mr. W. Kuruisaqila & Ms K. Bavou for State
Ms B. Malimali for Accused

RULING

The defence is raising provocation. The question of the nature of the relationship between accused and deceased is highly relevant and a previous incident of violence is similarly relevant. This is because the question of a “sudden” loss of self-control is a component of the defence.

I will allow the State to lead evidence of a previous incident of hostility between accused and deceased in the form of the court certificate, and the complaint and charge.

Nazhat Shameem
JUDGE

At Suva
5th October 2004