State v Yabakiono - Judgment [2016] FJHC 364; HAC77.2014 (4 May 2016)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC77 OF 2014

STATE

V

TOMASI YABAKIONO

Counsel: Ms A. Vavadakua for State
Mr.A. Paka (L.A.C.) for accused

Dates of Hearing : 2, 3 May 2016
Date of Judgment : 4 May 2016

JUDGMENT

[1] The accused was tried in this Court on the following count:

FIRST COUNT

Statement of Offence:

INDECENTLY ANNOYING ANY PERSON: Contrary to section 213 (1) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

TOMASI YABAKIONOon12^thMarch 2013 at Taveuni in the Northern Division with intent to insult the modesty of MARITINA YAVALA uttered words to the effect that she should have an affair, intending that such words be heard by the said MARITINA YAVALA.

SECOND COUNT

Statement of Offence:

SEXUAL ASSAULT: Contrary to section 210 (1) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

TOMASI YABAKIONO between 1^stof March 2013 to the 31^st March 2013 at Taveuni in the Northern Division unlawfully and indecently assaulted MARITINA YAVALA.

THIRD COUNT

Statement of Offence:

RAPE: Contrary to section 207 (1) and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

TOMASI YABAKIONOon15^th March 2013 at Taveuni in the Northern Division had carnal knowledge with MARITINA YAVALA without the said MARITINA YAVALA’s consent.

FOURTH COUNT

Statement of Offence:

INDECENTLY ANNOYING ANY PERSON: Contrary to section 213 (1) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

TOMASI YABAKIONObetween 1^st of April 2013 to the 30^th of April 2013 at Taveuni in the Northern Division with intent to insult the modesty of NAOMI DIBABI uttered words to the effect that she should have an affair with him, intending that such words be heard by the said NAOMI DIBABI.

FIFTH COUNT

Statement of Offence:

INDECENTLY ANNOYING ANY PERSON: Contrary to section 213 (1) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

TOMASI YABAKIONObetween 1^st of August 2013 to the 31^st August 2013 at Taveuni in the Northern Division with intent to insult the modesty o VIKATORIA MARAMA uttered words to the effect that she should have sexual intercourse with him, intending that such words be heard by the said VIKATORIA MARAMA.

P.K. Madigan
Judge

At Labasa
.. May 2016