State v Kumar [2016] FJHC 1109; HAC149.2013L (29 November 2016)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICATION
LAUTOKA CRIMINAL CASE NO. HAC 149 OF 2013L

STATE

vs

VINEND KUMAR

Counsels : Ms. L. Latu for State
Mr. M. Fesaitu and Ms. A. Prakash for Accused
Hearings : 22 to 25 and 28 November, 2016
Summing Up : 29 November, 2016
Judgment : 29 November, 2016

JUDGMENT

1. The three assessors had returned with a mixed verdict. Assessor No. 1 and 3 had found the accused not guilty of Count No. 1 and 2, but guilty of the manslaughter of the deceased.
   
2. Assessor No. 2 had found the accused guilty of Count No. 1 and 2.
   
3. I accept the opinion of Assessor No. 2, and do not accept the opinions of Assessor No. 1 and 3.
   
4. I will give my written reasons tomorrow.
   
5. Consequently, I find the accused guilty as charged on Count No. 1 and 2 and I convict him accordingly on those counts.
   
6. Assessors thanked and released.
   

Salesi Temo
JUDGE

Solicitor for State : Office of the Director of Public Prosecution, Lautoka
Solicitor for Accused : Legal Aid Commission, Lautoka