State v Karuru - Judgment [2012] FJHC 1212; HAC32.2010 (8 June 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 32 OF 2010

BETWEEN:

STATE

AND:

TANIELA KARURU

Counsels: Ms. S. Kiran for the State
Ms. V. Tamanisau for the Accused

Date of Trial: 1st, 4th, 5th & 6th June, 2012
Date of Summing Up: 7th June 2012
Date of Judgment: 8th June 2012

JUDGMENT

1. The Accused Taniela Karuru was charged under section 207 (1), (2)(a) of the Crimes Decree 44 of 2009 for the offence of Rape.
   
2. Trial commenced on 1st June and concluded on the 7th June 2012.
   
3. After the conclusion of the Summing Up the assessors have arrived with an unanimous verdict of guilty to the offence that he is charged.
   
4. I adjourned overnight to consider my judgment.
   
5. I have reviewed the evidence called in the trial and I direct myself in accordance with the summing up I gave assessors yesterday. I find that the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. I accept the verdict.
   
6. Considering all I find the Prosecution had proved the case beyond reasonable doubt therefore I find the Accused Taniela Karuru guilty to the charge of Rape and convict him under section 207 (1) of the Crimes Decree.
   

S. Thurairaja
Judge

At Lautoka
8th June 2012

Solicitors: Office of the Director of the Public Prosecution for the State
Legal Aid Commission for the Accused