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State v Pickering [1994] FJHC 63; Hac0001j.94s (17 June 1994)

IN THE HIGH COURT OF FIJI
(SUVA)
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0001 OF 1994

STATE

-v-

DEREK PICKERING

CHARGE: Rape: Section 149 of the Penal Code, Cap. 17.

Ms. S. Kaimacuata for the State
Mr. J. Semisi for the Accused

JUDGMENT

I now deliver the judgment of the Court. The Accused, Derek Pickering is charged with the offence of rape contrary to Section 149 of the Penal Code, Cap. 17.

The particulars alleged against him are on the 25th of December, 1992 at Navua in the Central Division, he had unlawful carnal knowledge of Lita Finau without her consent.

I have had the opportunity of reviewing the evidence in this case in the light of the difference of opinions given by the Assessors.

It is clear that the fact that accused and complainant had sexual intercourse on the morning of 25th December, 1992 is not in dispute, but what is, is that complainant denies having sexual intercourse with the accused with her consent, whereas the Accused maintains that he had sexual intercourse with complainant with her consent.

After having given a thorough perusal of the evidence in its totality I am satisfied that the evidence adduced by the Prosecution has certainly created doubts in the minds of the majority of the Assessors and they are entitled to formulate such opinions that they have given. The benefit of such doubt must be given in favour of the accused person

I have directed myself in accordance with my summing up to the Assessors and I have borne in mind the nature and quality of the evidence adduced in the trial.

Two of the Assessors are of the opinion that the Accused is not guilty of rape as charged, while the other is of the opinion that the accused is guilty of rape. I accept the majority opinion.

I therefore find the Accused person Not Guilty of rape, as charged, and I acquit him accordingly.

S W Kepa
JUDGE

17th June, 1994.

HAC0001J.94S