State v Pe [2005] FJHC 7; HAC0024J.2004S (19 January 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0024 OF 2004S

STATE

v.

SAVENACA PE

Mr. W. Kuruisaqila for State
Accused in Person

Hearing: 10th - 19th January 2005

JUDGMENT

The three assessors have given their opinions that the Accused is not guilty of Count 1 and Count 3 on the information but guilty on Count. The opinions are possible on the facts on the basis that although the Accused did have a K2 rifle at home he did not use it at the robbery at New World. Clearly they did not accept that the same rifle was used in the robbery.

Their opinions are possible on the circumstances of this case and I see no reason to disagree with them. The accused is acquitted on counts 1 and 3 but convicted on Count 2.

Nazhat Shameem
JUDGE

At Suva
19th January 2005