State v Niubalavu - Judgment [2011] FJHC 764; HAC034.2011(LBS) (25 November 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 034 of 2011 (LBS)

STATE

v

ELIA NIUBALAVU

Mr L. Sovau for the State
Mr T. Lee (LAC) for the accused

Dates of Trial: 22, 23 & 24 November 2011
Date of Judgment25 November 2011

JUDGMENT

[1] Elia Niubalavu, you have been charged with the following offence.

Statement of Offence

MURDER: Contrary to section 237 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

ELIA NIUBALAVU on the 25th day of June, 2011 at Labasa in the Northern Division, murdered HAKIM BEGG s/o MAHMOOD BEGG.

[2] After trial two assessors returned with opinions of not guilty of murder but guilty of manslaughter, and the third assessor proferred an opinion of guilty to murder.

[3] Upon directing myself on my own summing up, I find that I left two bases on which the panel could find the lesser offence of manslaughter proved and in the light of that, I must agree with the majority and find you guilty of manslaughter. You are convicted accordingly.

[4] That is the judgment of the Court.

Paul K. Madigan
JUDGE

At Labasa
25 November 2011