State v AV - Judgment [2012] FJHC 1150; HAC87.2011 (29 May 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 87 OF 2011

BETWEEN :

STATE

AND:

AV

Counsel : Ms. K. Semisi for the State
Mr. Haroon Ali Shah with Mr. Degei for the
Accused

Date of Summing Up : 29th May 2012

JUDGMENT

1. Name and identity of the victim and others were suppressed due to the suppression order issued by me on the request of the Counsel.
   
2. The Accused is charged as follows:
   
   • (i) Indecent Assault between 1 January 2006 to 31st December 2006.
     
   • (ii) Indecent Assault between 1 January 2007 to 31st December 2007.
     
   • (iii) Rape between 1 January 2008 to 31st December 2008.
     
   • (iv) Rape between 1 January 2009 to 31st December 2009.
     
   • (v) Rape between 1 January 2010 to 31st December 2010.
     
3. The trial commenced on 21st May 2012 and concluded on 28th May 2012. Assessors have returned with following verdict.
   
   • (i) 1st Count - unanimously found guilty.
     
   • (ii) 2nd Count - unanimously found guilty.
     
   • (iii) 3rd Count - Two assessors found not guilty and one assessor found guilty.
     
   • (iv) 4th Count - unanimously found guilty.
     
   • (v) 5th Count - unanimously fount not guilty to the charge of Rape and found guilty for the offence of indecent assault.
     
4. I adjourned overnight to consider my judgment.
   
5. I have reviewed the evidence before the Court and directed myself in accordance with the Summing up I gave the assessors.
   
6. Considering the nature of the evidence regarding the 1st and 2nd Counts I find the Prosecution had proved the case against the Accused beyond reasonable doubt.
   
7. Considering the 3rd and 4th Counts I find the Prosecution had proved the case beyond reasonable doubt.
   
8. Considering the 5th Count I find the Prosecution had not proved the charge of rape but a charge of indecent assault.
   
9. Considering all evidence before the Court my findings are as follows:
   
   • (i) I find the Accused guilty for the offence of Indecent Assault as mentioned in the 1st Count in the information and convict him under Section 154 (1) of the Penal Code.
     
   • (ii) I find the Accused guilty for the offence of Indecent Assault as mentioned in the 2nd Count in the information and convict him under Section 154 (1) of the Penal Code.
     
   • (iii) I find the Accused guilty for the offence of Rape as mentioned in the 3rd Count in the information and convict him under Section 150 of the Penal Code.
     
   • (iv) I find the Accused guilty for the offence of Rape as mentioned in the 4th Count in the information and convict him under Section 150 of the Penal Code.
     
   • (v) I find the Accused not guilty for the offence of Rape as stated in the 5th Count in the information. But I find him guilty for the offence of Indecent Assault and convict him under Section 212 (1) of the Crimes Decree.
     
10. So ordered.
    

S. Thurairaja
Judge

At Lautoka
29th May 2012

Solicitors: The Office of the Director of Public Prosecution for State
Haroon Ali Shah Esquire for the Accused