State v Nonu.doc [2011] FJHC 625; HAC136.2010 (23 September 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 136 OF 2010

BETWEEN:

THE STATE

AND:

JOSEPH NONU

Counsel: Ms. T. Leweni for the State
Accused In Person

Date of Summing Up: 22nd September 2011
Date of Judgment: 23rd September 2011

JUDGMENT

1. The trial commenced on the 19th and concluded on the 22nd September 2011. All three assessors unanimously found the Accused guilty for the offence of Aggravated Robbery punishable under section 311 of the Crimes Decree.

2. I adjourned overnight to consider my judgment.

3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.

4. The Accused was charged for Aggravated Robbery punishable under section 311 (i) (b) of the Crimes Decree. Prosecution should prove all elements beyond reasonable doubt.

5. Regarding the identity of the Accused, both victims did not identify him, but Mohammed Ishaq said that he was chased by the robber. Witness Timaima Wati who had no connection with neither the Accused nor the victims says that she saw the Accused chasing the victim with knife in hand. This is a positive identification of the Accused.

6. Further this Accused had some of the stolen items in his possession. The wrist watch of the victim Ishaq was found hidden under the underwear of the Accused.

7. Considering the nature of the evidence before this Court I am convinced that the Prosecution had proved the case beyond reasonable doubt.

8. I find the verdict of the assessors were not perverse. It was opened to them to reach such a conclusion on the evidence. I accept their verdict.

9. Considering all I find the Accused guilty as charged.

10. Accordingly I convict the Accused Joseph Nonu for Aggravated Robbery punishable under section 311 (1) of the Crimes Decree 2009, as charged.

S Thurairaja
Judge
At Suva

Solicitors
Office of the Director of Public Prosecution for State
Accused In Person