State v Naigani [2010] FJHC 590; HAC121.2010 (3 November 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 121 OF 2010

STATE

vs

LAISIASA NAIGANI

Mr. J. Singh for the State
Accused in Person

Date of Hearing: 02 and 03 November 2010
Date of Judgment: 03 November 2010

JUDGMENT

1. You are charged with the following two offences

FIRST COUNT

Statement of Offence

WEARING OF UNIFORM WITHOUT AUTHORITY: Contrary to section 382(1)(b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

LAISIASA NAIGANI on the 21st day of August 2010, Ba in the Western Division, whilst not being a member of the Fiji Navy, wore an overall with a Navy badge which is a distinctive mark of the Fiji Navy.

SECOND COUNT

Statement of Offence

RAPE: Contrary to section 207(1) and (2) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

LAISIASA NAIGANI on the 21st day of August 2010, at Ba in the Western Division, penetrated the vagina of AVELINA MEREULA with his penis, without the consent of the said AVELINA MEREULA.

2. You pleaded guilty to the first count and after trial on the second count you have been found guilty in the unanimous opinion of three assessors. I direct myself on my Summing Up and agree with the assessors. The Court finds you guilty of the second count. You have already been convicted of the first count and you are now convicted on the second count.

Paul K. Madigan
JUDGE

At Lautoka
03 November 2010