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State v Raovuna [2011] FJHC 61; HAC021.2010 (10 February 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 021 OF 2010

BETWEEN:

STATE

AND:

KINIVILIAME RAOVUNA

Counsel: Mr. M. Kaisamy for the State
Mr. T. Lee (L.A.C) for Accused

Date of Hearing: 7, 8, 9 and 10 February 2011
Date of Sentence: 10 February 2011

JUDGMENT

[1] Kiniviliame Raovuna, you are charged as follows:

Statement of Offence

RAPE: Contrary to Section 207 of the Crime Decree No. 44, 2009.

Particulars of Offence

KINIVILIAME RAOVUNA on the 29th day of May, 2010 at Namoli settlement, Seaqaqa in the Northern Division had unlawful carnal knowledge of KATARINA MAITOGA without her consent.

[2] In the unanimous opinion of the assessors, you have been found not guilty of rape but guilty of the lesser charge of defilement.

[3] In directing myself on my own summing up, I agree with the assessors. You are found not guilty of rape but guilty of defilement and you are convicted of defilement contrary to Section 215 of the Crimes Decree. That is the judgment of the Court.

P.K. Madigan
Judge

At Labasa
10 February 2011