State v Navu [2020] FJHC 236; HAC098.2019 (18 March 2020)

IN THE HIGH COURT OF FIJI

AT SUVA

[CRIMINAL JURISDICTION]

CRIMINAL CASE NO. HAC 098 OF 2019

BETWEEN : STATE

AND : PENI NAVU

Counsel : Ms U Tamanikaiyaroi for the State

Ms S Prakash & Ms E Soata for the Accused

Date of Hearing : 16 - 17 March 2020

Date of Summing Up : 18 March 2020

JUDGMENT

	Count 1	Count 2	Alternative to Count 2 Sexual Assault
Assessor 1	Guilty	Guilty
Assessor 2	Guilty	Guilty
Assessor 3	Guilty	Guilty

[1]

[2] The assessors have returned with unanimous opinion that the Accused is guilty of indecent assault as charged on count one and rape as charged on count two. They have obviously found the prosecution witnesses credible and reliable. The guilty opinions are available on the evidence led by the prosecution and I have no reasons to disagree with the assessors.

[2] I direct myself in accordance with my summing up. I find the Accused guilty on both charges and convict him accordingly.

............................................

Hon. Mr Justice Daniel Goundar

Solicitors: Office of the Director of Public Prosecutions for the State
Legal Aid Commission for the Accused.