State v Raibevu - Judgment [2012] FJHC 1039; HAC27.2011 (27 April 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. HAC 27 of 2011

BETWEEN :

STATE

AND:

JONE TEYANA RAIBEVU

BEFORE: Mr. Justice P. K. Madigan
COUNSEL : Ms. L Koto for the State
Accused in person

Date of Hearing: 25, 26 April 2012
Date of Summing Up: 26 April 2012
Date of Judgment : 27 April 2012

JUDGMENT

1. JONE TEYANA RAIBEVU, you have been charged with the following two offences:
   

First Count

Statement of Offence (a)

DEFILEMENT OF A GIRL BETWEEN THIRTEEN AND SIXTEEN YEARS OF AGE: Contrary to Section 156 (1) (a) of the Penal Code, Act 17.

Particulars of Offence (b)

JONE TEYANA RAIBEVU, on the 21st day of January 2010 at Valelevu in the Central Division, had unlawful carnal knowledge of LUSIA MAIQALAU, a girl being above the age of thirteen years and under the age of sixteen years.

Second Count

Statement of Offence (a)

DEFILEMENT OF A YOUNG PERSON BETWEEN THIRTEEN AND SIXTEEN YEARS OF AGE: Contrary to Section 215 (1) of the Crimes Decree, No. 44 of 2009.

Particulars of Offence (b)

JONE TEYANA RAIBEVU, on the 3rd day of May 2010 at Valelevu in the Central Division, had unlawful carnal knowledge of LUSIA MAIQALAU, a girl being above the age of thirteen years and under the age of sixteen years.

2. In the unanimous opinion of two assessors you have been found guilty of each charge. In directing myself on my own summing up, I agree with the assessors and find you guilty of each count. You are convicted on each count accordingly.
   
3. That is the judgment of the court.
   

   Paul K. Madigan
   Judge
   At Suva,
   27 April, 2012