State v Chen Wen Jian [2012] FJHC 1472; HAC011.2011 (6 December 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 011 OF 2011

BETWEEN:

STATE

AND:

CHEN WEN JIAN

Counsel : Mr. T. Qalinauci for the State
Mr. Navinesh Nand for the Accused

Date of Judgment : 6 December 2012

JUDGMENT

[1] The Accused above named is charged with 2 counts of Rape punishable under Section 207(1) of the Crimes Decree.

[2] Trial commenced on the 4th and concluded on the 6th December 2012.

[3] After the addresses of the Counsels and my summing up the Assessors retired to deliberate their verdict. They returned with an unanimous verdict of guilty on the 1st charge and divided verdict on the 2nd charge. Majority found not guilty to the second count.

[4] I adjourned to consider my judgment.

[5] I reviewed all evidence led before the Court and I directed myself in accordance with the Summing Up I gave the Assessors. I find that the verdict of the Assessors on the 1st count was not perverse. It was open to them to reach a conclusion on the evidence. I accept their verdict.

[6] Regarding the 2nd count. I accept the verdict of the minority and dismiss the findings of the majority.

[7] After analyzing all the evidence before the Court I find that the Prosecution had proved both charges beyond reasonable doubt hence I find the Accused guilty to the 1st and 2nd counts as charged.

[8] Accordingly I convict the Accused Chen Wen Jian under Section 207(1) for the 1st and 2nd charges.

[9] So ordered.

S. Thurairaja
Judge

At Lautoka
6th December 2012

Solicitors: The Office of the Director of Public Prosecution for the State
Vijay Naidu & Associates for the Accused