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State v Nimacere - Judgment [1994] FJHC 93; Hac0006j.93s (11 August 1994)

IN THE HIGH COURT OF FIJI
SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC0006 OF 1993

STATE

-v-

ALIFERETI NIMACERE

CHARGE: Counts: 1st & 2nd Count-
Act Intended To Prevent Arrest - Contrary to
Section 224 (a) & (b) of the Penal Code, Cap. 17.

Ms Kaimacuata for the State
Accused in person

JUDGMENT

The Accused is charged with two counts of Act Intended To Prevent Arrest:- Contrary to Section 224 (a) & (b) of the Penal Code, Cap. 17.

The particulars of the first count are:-

Alifereti Nimacere on the 28th day of August 1992, at Suva in the Central Division, with intent to resist or prevent lawful arrest, struck Police Constable 986 Samuela Naitala with a knife, unlawfully causing the said Police Officer Samuela Naitala grievous harm.

The particulars of the second count are:-

Alifereti Nimacere on 28th day of August, 1992, at Suva in the Central Division, with intent to resist or prevent lawful arrest, struck Police Constable No. 49 Albert King with a knife, unlawfully causing the said Police Constable Albert King grievous harm.

I have directed myself in accordance with my summing up and have borne in mind the nature and quality of the evidence adduced from the various witnesses in this case.

All 3 Assessors are of the unanimous opinion that Accused is guilty on both counts as charged.

I accept their unanimous opinions on both counts and find the Accused guilty on both counts of Act Intended To Prevent Arrest contrary to Section 224 (a) & (b) of the Penal Code, Cap. 17 and I convict him on both counts accordingly.

S W Kepa
JUDGE

11th August, 1994

HAC0006J.93S