State v Rokosuka [2011] FJHC 398; HAC144.2007 (14 July 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 144 OF 2007

STATE

vs

KITIONE ROKOSUKA

Ms M. Fong for the State
Mr. T. Terere for the Accused

Date of Hearing: 11 July 2011
Date of Judgment: 14 July 2011

JUDGMENT

[1] Kitione Rokosuka, you are charged with the following offence:

Statement of Offence

MANSLAUGHTER: Contrary to section 198, 201 and 213 of Penal Code, Cap. 17.

Particulars of Offence

SUREN CHAND s/o Hans Raj and KITIONE ROKOSUKA on the 9th of August 2006 at the Western Division, by an unlawful omission that is, failing in their duty to take reasonable precautions in securing a live electric wire, caused the death of LUKE JOHN MOLNAR.

[2] After being directed by me on the law the three assessors have found you guilty of the offence by a majority of two to one.

[3] Having directed myself on my own Summing Up I must agree with the majority and I find you guilty as charged and I convict you of the offence.

Paul K. Madigan
JUDGE

At Lautoka
14 July 2011