State v Vatunalaba [2010] FJHC 97; HAC134.2008J (29 March 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 134 of 2008

STATE

V

PAULIASI VATUNALABA

Hearing: 11th & 29th March 2010
Judgment: 29th March 2010

Counsel: Ms W. George for State
Mr. T. Terere for Accused

JUDGMENT

[1] The Accused is charged with an offence of larceny by servant. The assessors have expressed unanimous opinions that he is guilty of the charge.

[2] I remind myself in terms of the directions I gave the assessors and I have considered the evidence presented at the trial.

[3] On the evidence adduced, I am satisfied beyond a reasonable doubt that the Accused stole copper wires from his employer Digicel Fiji Limited. I am satisfied beyond a reasonable doubt that the Accused had an intention to permanently deprive his employer when he took the copper wires from his employer’s warehouse, sometime in the month of June or July of 2008.

[4] I accept the opinions of the assessors and find the Accused guilty of larceny by servant. Accordingly, the Accused is convicted as charged.

Daniel Goundar
JUDGE

At Suva
29th March 2010

Solicitors:
Office of the DPP for State
Office of the Legal Aid Commission for Accused