State v Aluseni - Judgment [2013] FJHC 370; HAC054.2012 (2 August 2013)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 054/2012

BETWEEN:

THE STATE

AND:

TIMOCI ALUSENI

COUNSEL: Ms. P. Low for the State
Ms. M. Lemaki and Mr. R. Tagivakatini for the Accused

Date of Trial: 31/07 - 01/08/2013
Date of Summing-Up: 02/08/2013
Date of Judgment: 02/08/2013
[Name of the victim is suppressed. She will be referred to as JPP]

JUDGMENT

1. The assessors have expressed unanimous opinions that the accused is guilty of the charge of Rape. The unanimous opinion is completely tenable on the basis of evidence considered in accordance with the legal directions that have been made.
   
2. I have considered and evaluated the evidence, applying legal principles contained in my summing-up to the assessors.
   
3. It is also my decision that accused is guilty of the charge of Rape.
   
4. The judgment of this court is that that the accused is guilty of Rape of JPP. You are convicted accordingly.
   

P Kumararatnam
JUDGE

At Labasa
02/08/2013