State v Tuwaqa - Judgment [2012] FJHC 1189; HAC012B (20 June 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 012B OF 2010S

STATE

vs

JOSESE TUWAQA

Counsels: Mr. Y. Prasad for State
Accused in Person

Hearings: 18th and 19th June, 2012
Summing Up: 20th June, 2012
Judgment: 20th June, 2012

JUDGMENT

1. The three assessors have returned with a unanimous verdict of guilty as charged for the accused. They have found the accused guilty of violently robbing the complainant of $74,000 plus cash and $6,000 plus cheques, on 7th September 2009, at Nausori, contrary to section 293(1)(b) of the Penal Code, Chapter 17.
   
2. Obviously, the three assessors have accepted the prosecution's version of events and they are satisfied beyond reasonable doubt of the accused's guilt.
   
3. I have reviewed the evidence called in this trial and I have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. In my view, the verdict of the assessors was not perverse and it was open to them to reach such conclusion on the evidence. I accept their verdict and I find the accused guilty as charged and I convict him accordingly.
   
5. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for the State: Office of Director of Public Prosecutions, Suva
Solicitor for Accused: Accused in Person