State v VV [2010] FJHC 192; HAC084.2009S (28 May 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 084 OF 2009S

STATE

v

VV

Counsels: Ms. J. Cokanasiga for the State
Ms. S. Vaniqi for the Accused

Hearing: 17th, 19th, 21st and 24th May, 2010
Summing Up: 27th May, 2010
Judgment: 28th May, 2010

JUDGMENT

1. After a trial lasting four days, the three assessors have returned with unanimous verdicts on count No. 2 (rape); count No.3 (rape); count No.4 (incest); count No.5 (incest) and count No.6 (incest). On counts No. 2, 3, and 6, the three assessors found the accused guilty as charged, on those counts, and not guilty as charged on counts No.4 and 5. On count No.1 (indecent assault), the accused pleaded guilty at the beginning of the trial.

2. I have reviewed the evidence called in the trial and I have directed myself in accordance with the summing up I gave the assessors yesterday. I find that the verdict of the assessors were not perverse, and it was open to them to reach such conclusions, on the evidence. I accept their verdicts.

3. It was obvious that the three assessors accepted the evidence of SM, on all the counts. In count No.2, she said, she was raped by her father at Lot . Vusavusa Road Vatuwaqa, between the 11th and 18th February 2006. On count No.3, she said she was raped by her father, at ... Fletcher Road Vatuwaqa between the 19th and 28th February 2006. On counts No.4 and 5, she said, nothing happened to her in March or April 2006. On the 6th count, she said, her father unlawfully had sexual intercourse with her, at ...... Settlement Newtown, between the 1st and 31st May 2006. I accept the assessors’ assessment and I agree with them.

4. On count No.1, the accused pleaded guilty to the charge of indecent assault at the beginning of the trial. In her evidence, SM confirmed that the accused indecently kissed her, touched her breast and fondled her vagina, at .. Wailea Street Vatuwaqa, between 26th and 27th January 2006. The accused, in his evidence, confirmed the above.

5. Given the above, I find the accused guilty as charged on counts No.1, 2, 3 and 6, and I convict him accordingly on those counts. On counts No.4 and 5, I find the accused not guilty as charged, and I acquit him accordingly on those counts.

Salesi Temo
ACTING JUDGE

AT Suva
28th May 2010