State v Vuloaloa - Judgment [2016] FJHC 97; HAC003.2015LAB (27 January 2016)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 003 OF 2015LAB

STATE

V

MARA VULOALOA

Counsels : Mr. L. Fotofili for State
Accused in Person

Hearings : 25 and 26 January, 2016
Summing Up : 27 January, 2016
Judgment : 27 January, 2016

JUDGMENT

1. The three assessors have returned with a unanimous verdict against the accused finding him guilty of unlawful cultivation of 94 plants of cannabis sativa (marijuana) on 7 January 2015 at Savusavu in the Northern Division.

2. Obviously, the assessors had accepted the prosecution's version of events and had also accepted the accused's sworn statement that he unlawfully cultivated illicit drugs at Savusavu at the material time.

3. I have reviewed the evidence called in the trial and I have directed myself in accordance with the summing up I gave the assessors today.

4. The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.

5. I agree with the three assessors and I accept their guilty verdict. I find the accused guilty as charge and I convict him accordingly.

6. Assessors thanked and released.

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa.

Solicitor for the Accused : In Person.