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State v K.N.P [2013] FJHC 114; HAC079.2012S (14 March 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION


CRIMINAL CASE NO. HAC 079 OF 2012S


STATE


vs


K. N. P


Counsels : Ms. M. Fong for State
Accused in Person
Hearings : 11th, 12th and 13th March, 2013
Summing Up : 14th March, 2013
Judgment : 14th March, 2013


JUDGMENT


  1. The three assessors have unanimously found the accused guilty as charged on the two counts of indecent assaults and five counts of rape, as itemized in the information.
  2. Obviously, the three assessors have accepted the prosecution's version of events and have found the case against the accused, proven beyond reasonable doubt. It is obvious that the three assessors have found the 16 years old female complainant's evidence as credible, and have accepted the same.
  3. I have directed myself in accordance with the Summing Up I gave the assessors today. I have also reviewed the evidence called in this trial.
  4. The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence. I accept the three assessor's verdict and I find the accused Guilty as Charged on all counts. I convict the accused accordingly on the seven counts in the information.
  5. Assessors thanked and released.

Salesi Temo
JUDGE


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


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