State v Bravo [2008] FJHC 170; HAC145.2007L (11 August 2008)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No. HAC 145 of 2007L

STATE

V

GRACEILA GULLERMINA FERIA BRAVO

Date of Hearing : 11th August 2008
Date of Ruling : 11th August 2008

Counsel : Ms. V. Lidise for the State
Mr. I. Khan for the Accused

RULING

The accused makes an application for no case to answer on both counts as charged. The basis for the application is that there is no evidence of knowledge of an illicit drug and that there is no evidence to rebut an honest belief that the accused had medicine in her possession.

The test to be applied to a no case to answer application is whether there is some direct or circumstantial evidence on each element of the charged offence.

The prosecution opposes the application. The prosecution concedes that there is no direct evidence of knowledge but submits there is circumstantial evidence from which it could be inferred that the accused knew she carried and was in possession of an illicit drug.

It is trite law that knowledge is not always capable of direct proof. Knowledge could be inferred from the circumstances of the offending .The manner the drugs were initially obtained from a stranger in Argentina and the manner in which they arrived in Fiji strapped to the Accused’s body are circumstances from which the Assessors could infer knowledge. Whether the accused had an honest belief that she was carrying medicine is a question of fact for the assessors.

I find the Accused has a case to answer on both counts as charged. Options explained.

Daniel Goundar
Judge

At Lautoka
11th August 2008