State v King [2011] FJHC 619; HAC40.2010L (5 October 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 40 OF 2010L

BETWEEN :

STATE

AND:

JOE KING
[First Accused]

SANJEEV MOHAN
[Second Accused]

Mr T. Qalanauci for the State

Ms. V. Tamanisau [LAC] for the First Accused

Mr. H.A.Shah with Mr M. L. Degei for the Second Accused

Date of Hearing : 3rd and 4th October, 2011.

Date of Summing Up : 5th October, 2011.

Date of Judgment : 5th October, 2011.

JUDGMENT

[1] Joe King and Sanjeev Mohan you are both charged with the following offence:

FIRST COUNT

Statement of Offence

AGGRAVATED ROBBERY:

Contrary to section 311 (1) (a) and (b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

JOE KING, SANJEEV MOHAN AND JOSATEKI LABALABA, on the 29th day of April 2010 at Lautoka in the Western Division with others and being armed with an offensive weapon stole $4000.00 cash, half

bag of Bech-de-mer valued at $3000.00 and three mobile phones valued at $484.00, all to the total value of $7484.00 from

RAZIMMUM NISHA f/n Jafar Ali and immediately before such robbery, did use personal violence of the said RAZIMMUM NISHA f/n Jafar Ali.

[2] In the unanimous opinions of three Assessors you have both been found guilty of this offence. In directing myself on my own Summing Up, I agree with them and I find you both guilty of the offence and you are both convicted accordingly.

That is the judgment of the Court.

Paul K. Madigan
JUDGE

At Lautoka
5th October 2011