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State v Rasaqio [2010] FJHC 285; HAC015.2007J (6 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 015 OF 2007

STATE

vs

1. RATU BATINIQIO RASAQIO
2. EMOSI DAGOYA
3. SEFANAIA NUKULAVAI
4. PAULIASI NACAGILEVU
5. ISIKELI TAULELE
6. ISIKELI RALULU
   

Mr. J. Singh for the State
Mrs J. Nair for the First Accused
Ms N. Nawasaitoga for the Second Accused
Mr. A. Singh for the Third Accused
Mr. T.Terere for the Fourth Accused and Sixth Accused
Fifth Accused in Person

Date of Hearing: 26, 27, 29, 30 July 2010
01, 02, 04, 05 August 2010

Date of Judgment: 6 August 2010

JUDGMENT

[1] Ratu Batiniqio Rasaqio, Emosi Dagoya, Sefanaia Nukulavai, Pauliasi Nacagilevu and Isikeli Talele, you have been charged as follows:

FIRST COUNT

Statement of Offence

MURDER: Contrary to sections 199 and 200 of the Penal Code, Cap. 17

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and PAULIASI NACAGILEVU on the 5th day of October 2007 at Tavua in the Western Division murdered NAREND PRASAD s/o MATA PRASAD

SECOND COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(a) of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and PAULIASI NACAGILEVU on the 5th day of October 2007 at Tavua in the Western Division, robbed SATYA WATI s/o NAREND PRASAD of 3 bangles valued at $3,000.00, 4 gold rings valued $1,600.00, pair of ring valued $300.00 and 1 mangle sutra valued $1,000.00, all to the total value of $5,900.00 and immediately before and at the time of such robbery did use personal violence to the said SATYA WATI w/o NAREND PRASAD.

THIRD COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(a) of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and PAULIASI NACAGILEVU on the 5th day of October 2007 at Tavua in the Western Division, robbed KARUNA RAM d/o MATA PRASAD of cash $2,000.00 (Fijian currency), $300.00 (Australia currency), 4 gold bangles valued at $3,500.00, 6 gold rings valued $1,090.00, nokia mobile phone valued $500.00, 1 necklace valued $1,000.00 and 1 reading glass valued $350.00, all to the total value of $8390.00 and immediately before and at the time of such robbery did use personal violence to the said KARUNA RAM d/o MATA RAM.

FOURTH COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(a) of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and PAULIASI NACAGILEVU on the 5th day of October 2007 at Tavua in the Western Division, robbed BIMJA KUMARI SINGH d/o MATA PRASAD of cash $300.00 (Fijian currency), assorted jewelleries valued at $2,000.00, and Rolex wrist watch valued at $1,500.00 all to the total value of $6,500.00 and immediately before and at the time of such robbery did use personal violence to the said BIMJA KUMARI SINGH d/o MATA RAM.

FIFTH COUNT

Statement of Offence

ROBBERY WITH VIOLENCE: Contrary to section 293(1)(a) of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and PAULIASI NACAGILEVU on the 5th day of October 2007 at Tavua in the Western Division, robbed SURUJ KUMAR d/o DULI CHAND SINGH of cash $10.00 (Fijian currency), puma bag valued $20.00 and 1 gold chain valued $600.00 all to the total value of $630.00 and immediately before and at the time of such robbery did use personal violence to the said SURUJ KUMAR d/o DULI CHAND SINGH.

SIXTH COUNT

Statement of Offence

UNLAWFUL USE OF MOTOR VEHICLE: Contrary to section 292 of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI with others on the 5th day of October 2007 at Tavua in the Western Division, unlawfully and without colour of right but not so as to be guilty of stealing took to their own use motor vehicle registration number LR 775 the property of "Better Rentals".

SEVENTH COUNT

Statement of Offence

HOUSE BREAKING WITH INTENT TO COMMIT FELONY: Contrary to section 302(1) of the Penal Code, Cap. 17.

Particulars of Offence

RATU BATINIQIO RASAQIO, EMOSI DAGOYA, SEFANAIA NUKULAVAI and ISIKELI TAULELE on the 6th day of October 2007 at Tavua in the Western Division, broke and entered the dwelling house of LATCHMAN NAIDU s/o RAMLU with intent to commit felony therein namely robbery.

[2] Ratu Batiniqio Rasaqio, Emosi Dagoya and Sefanaia Nukulavai, you have been found not guilty of murder but guilty of the lesser offence of manslaughter in the unanimous opinion of the three assessors. That opinion is certainly available on the evidence and in directing myself on my own Summing Up, I agree with those opinions. It is the finding of this Court that each of you is guilty of manslaughter on the first count and you are convicted accordingly.

[3] You have at the outset pleaded guilty to the robbery charges in Counts 2, 3, 4 and 5, and after hearing the evidence I found you guilty and convicted you of those counts.

[4] Pauliasi Nacagilevu, you have been found guilty by the unanimous decision of three assessors of the murder of Narend Prasad. That verdict is available on the evidence and in directing myself on my Summing Up, I agree with them. The Judgment of Court is that you are guilty on Count 1 and you are convicted of murder.

[5] The assessors also unanimously find you guilty of the four counts of robbery, that is Count 2, Count 3, Count 4 and Count 5 and this Court agrees with them. It is the Judgment of this Court that you are guilty of those counts and you are convicted accordingly.

[6] Ratu Batiniqio Rasaqio, Emosi Dagoya, Sefanaia Nukulavai, you each entered a plea of guilty to unlawful use of motor vehicle at the outset and at the end of the evidence I found you guilty and convicted you.

[7] Isikeli Talele, you have been found guilty in the opinion of the three assessors of the offence of housebreaking with intent. That opinion is available on the evidence and in directing myself on my Summing Up I agree with them. You are found guilty by this Court and convicted on the seventh count.

Paul K. Madigan
Judge

At Lautoka
6 August 2010