State v Stevens [2010] FJHC 184; HAC011.2008 (31 May 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 011 OF 2008

STATE

V

TOMASI SAVU TAREGUCI STEVENS

Hearing: 25th – 27th May 2010
Judgment: 31st May 2010

Counsel: Ms A. Tuiketei for State
Ms S. Vaniqi for Accused

JUDGMENT

[1] The assessors have expressed unanimous opinions that the accused is not guilty of murder but is guilty of lesser offence of manslaughter. That unanimous opinion is completely tenable on the basis of the evidence, considered in accordance with the legal directions that have been given.

[2] I have also considered and evaluated the evidence, applying the legal principles contained in my summing up to the assessors. It is also my decision that the accused is not guilty of murder but is guilty of manslaughter by reason of provocation.

[3] The judgment of this Court is that the accused is guilty of manslaughter of Josefa Drugu. Accordingly, he is convicted of manslaughter.

Daniel Goundar
JUDGE

At Suva
31st May 2010

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused