State v Vatukarasa [2010] FJHC 578; HAC28.2008 (27 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 28 of 2008

BETWEEN:

STATE
PROSECUTION

AND:

TEVITA VATUKARASA
JALE DYER
ACCUSED-PERSONS

Counsel: Ms. L. Veteivetei - For State
Accused-Persons in person

Dates of Trial : 23rd, 24th and 25th, August 2010
Date of Decision : 27th August, 2010

DECISION

1. The two accused were charged for the offence of 'Robbery with Violence' punishable under Section 293 (1) (b) in count No (1). The particulars of the offence were:
   

TEVITA VATUKARASA and JALE DYER on the 12th day of April, 2008 at Lautoka in the Western Division robbed MADWA NAND S/O BAL GOVIND OF FJ$ 10.00 cash and immediately before the time of such robbery did use personal violence to the said MADWA NAND s/o of BAL GOVIND.

2. The 2nd accused was charged for the offence of 'Larceny' punishable under Section 259 read with Section 262 of the Penal Code in count No (2). The particulars of the offence were:

JALE DYER with others on the 12th day of April, 2008 at Lautoka in the Western Division stole an ipod, an eye glass, suitcase,6 bula shirts. 6 pairs of long pants, a blood pressure machine and a sugar monitor, all to the total value of USD 1410, the property of Parma Nand Sharma.

3. After trial, the two accused were found 'not guilty' of the offences by unanimous opinions of assessors.

4. I direct myself with the summing-up and the evidence in the case and concur with the unanimous opinions of the assessors. I accordingly acquit the 1st and 2nd accused of count (1) and the 2nd accused of count (2).

5. The two accused are acquitted.

Priyantha Nawana
Judge

At Lautoka
27th August 2010