State v Tukana [2011] FJHC 243; HAC21.2009 (4 May 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 21 OF 2009

STATE

vs

LUKE DIKEVI TUKANA

Mr. T. Qalinauci for the State
Mr. T. Terere (L.A.C.)for the Accused

Date of Hearing: 2 and 3 May 2011
Date of Judgment: 4 May 2011

JUDGMENT

[1] Luke Dikevi Tukana, you are charged as follows:

Statement of Offence

MURDER: Contrary to section 199 and 200 of the Penal Code, Cap. 17.

Particulars of Offence

LUKE DIKEVI TUKANA, on the 26th day of February 2009, at Votua Housing, Korolevu, Sigatoka, in the Western Division murdered NAELESONI VUNIVI NADUMU.

[2] Two out of three assessors have found you guilty of the offence of murder and the third guilty of manslaughter. In directing myself on my own Summing Up, I agree with the majority opinion of the assessors and find you guilty and convict you accordingly.

[3] The attack that you launched on the deceased was relentless, unprovoked and unnecessary given that he was at some stages unconscious. There is every reason to believe that you intended to cause him very serious harm.

Paul K. Madigan
Judge
At Lautoka
4 May 2011