Sovatambua v Reginam [1977] FJSC 85; Criminal Appeal 088 of 1977 (30 September 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 88 of 1977

MANOA SOAVTAMBUA
Appellate

v.

REGINAM
Respondent

JUDGMENT

The appellant was convicted by the Magistrate’s Court Suva of assault occasioning actual bodily harm contrary to section 277 of the Penal Code and sentenced to 6 months’ imprisonment.

He appeals against his conviction and sentence.

According to the prosecution evidence, the complainant Waisea Rogolea was punched by the appellant at the entrance of a club where a dance was in progress. He received injuries to his face and had to be treated at the hospital. There was some argument, according to the evidence, as to whether or not Rogolea could go into the club without paying the entrance charge.

The appellant denied at the trial that he punched Rogolea. He was, he maintained, merely trying to take Rogolea out of the Club when another person from amongst the crowd punched him. Rogolea, he said, was drunk.

Insp. Antonio, however, who had investigated the complaint at the club immediately afterwards said that the appellant had admitted punching Rogolea after some trouble about the appellant’s entry into the club. The inspector said-

“I spoke to the Accused. He said trouble about Complainant going inside and he (accused) punched Complainant. Took Complainant to hospital.”

In view of this evidence, the learned Magistrate was entitled to accept Rogolea’s evidence as he did. He rejected the appellant’s evidence and that of his two witnesses who also stated that Rogolea had been assaulted not by the appellant but someone else.

I see no reason for upsetting that finding. The appeal against conviction is dismissed. So is his appeal against sentence.

G. Mishra
Acting Chief Justice

Suva,
30^th September 1977