Appana v Reginam [1981] FijiLawRp 27; [1981] 27 FLR 27 (31 July 1981)

[1981] 27 FLR 27

COURT OF APPEAL

Criminal Jurisdiction

BOB APPANA
APPAL SAMI
SUBHAS APPANA
JOHAN LEO

v

REGINAM

GOULD V.P., MARSACK J.A., SPRING J.A.

Date of Hearing: 13-14 July 1981

Date of Judgement: 31 July 1981

Murder — wrongful admission of blood stained weapons — confrontation — identification — lies allegedly told by appellants — intent — intoxication — self defence — provocation

A. Singh for 1st and 3rd Appellants

V. Maharaj for 2nd Appellant

E. Vula for 4th Appellant

M. Raza for Respondent

Appeals against convictions for murder of one Iosefa Kula entered by the Supreme Court sitting at Labasa on 26th November 1980. There was a joint trial of all appellants before a judge and four assessors. Before this court the appeals of all four appellants were heard together, though as shown in the head-note, three Counsels appeared for the appellants in the Supreme Court. The trial of the appellants commenced on 7th October 1980 and ended, with the conviction of all four appellants of murder, on 26th November 1980. The assessors expressed a unanimous opinion that all four appellants were guilty of murder. The learned trial judge accepted this opinion, entered convictions in accordance therewith and passed sentence for life in each case.

The summary of facts given by the learned justices of appeal was as follows:

The facts put forward by the prosecution may be shortly stated. On the afternoon of Saturday, December 29th, 1979 1st and 2ticl appellants, with Iosefa Kula and others, were drinking on first appellant's property at Vuna, Taveuni; and a considerable quantity of liquor was consumed. An argument developed. Later, about 8 p.m., 1st and 2nd appellants, deceased Kula, and two others, Mikaele and Fabiano, were drinking under a tree at Vuna. The houses of all four appellants were situated nearby. After Fabiano and Mikaele had left, a dispute flared up among those remaining, which developed into a fist fight involving Kula, 1st appellant and 2^nd appellant. The 3rd appellant, working in his parents' shop, looked out and saw 1st and 2nd appellants and Kula involved in a dispute 3rd appellant rushed out, seized a spade and hit Kula on the back of the shoulders with it.

Kula turned and chased and 3rd appellant who ran away. 4th appellant arrived on the scene and followed Kula, shining a torch on his face. It was in dispute whether he hit Kula with his fist or not, but Kula fell down. Then 1st 2nd and 3rd appellants came up armed with knives and struck Kula several times with them, while 4th appellant continued to shine his torch on Kula. A short time later Kula was found lying on the ground. He was taken some miles to the Taveuni Hospital and found dead on arrival.