State v Rawaiduvu [2013] FJHC 599; HAC384.12 (11 November 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 384 OF 2012

BETWEEN:

STATE

AND:

AMINIO RAWAIDUVU

Counsel : Ms. L. Latu with Ms. M Khan for the State
Mr. S. Valenitabua for the Accused

Hearing : 28th, 29th 30th October 2013 and 5th, 6th and 7th
November 2013

Summing Up : 8th November 2013
Judgment : 11th November 2013

JUDGMENT

1. Aminio Rawaiduvu you have been charged with the following offence:
   

First Count

Statement of Offence

MANSLAUGHTER: Contrary to section 239 of the Crimes Decree 44 of 2009.

Particulars of Offence

AMINIO RAWAIDUVU, on the 21st day of October 2012 at Suva in the Central Division, punched CAI HANWEN causing his death and AMINIO RAWAIDUVU, was reckless as to the risk that the punch will cause serious harm to CAI HANWEN.

2. In the unanimous opinion of three assessors you have been found NOT GUILTY of the offence above mentioned. In directing myself on my own summing up, this court is of the view that the prosecution could not prove the element of 'recklessness' on the part of the accused to the fullest satisfaction of the court.
   
3. Thus, I concur with the unanimous opinion of the assessors and find you not guilty to the count of manslaughter. You are acquitted of the offence accordingly.
   
4. That is the judgment of the Court.
   

Janaka Bandara
JUDGE

At Suva
Solicitors
Office of the Director of Prosecution for State
Esvee Legal for the Accused