State v Ashwin [2004] FJHC 160; HAC0027X.2003S (7 October 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0027 OF 2003S

STATE

v.

AKASH ASHWIN

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

JUDGMENT

The 3 assessors have unanimously expressed their views that the accused is not guilty of murder but is guilty of manslaughter. I concur with their views on the basis that the accused did kill his stepfather with malice aforethought but did so under provocation.

I convict him of manslaughter accordingly.

Nazhat Shameem
JUDGE

At Suva
7th October 2004