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State v Stephen [2012] FJHC 1011; HAC088.2010 (12 April 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 088 of 2010

BETWEEN:

STATE
[Respondent]

AND:

JOHNNY ALBERT STEPHEN
[Accused]

BEFORE : Mr. Justice P. K. Madigan
COUNSEL : Ms J. Prasad with Mr. A. Singh for the State
Ms N. Nawasaitoga (L.A.C.) for the Accused

Dates of Hearing : 3, 4 & 10 April 2012
Date of Summing Up : 11 April 2012
Date of Judgment : 12 April 2012

JUDGMENT


[1] Johnny Albert Stephen, you have been charged with the following offences:


Count One


Statement of Offence


MONEY LAUNDERING: Contrary to Section 69(3) (b) of the Proceeds of Crime Act 1997.


Particulars of Offence


JOHHNY ALBERT STEPHEN, between the 6th day of August to the 24th day of September 2009 at Suva, in the Central Division received money amounting to $17,420.90 and disposed of the same, that is the proceeds of crime knowing or ought to have reasonably known that the said $17, 420.90 is derived or indirectly from some form of unlawful activities.


Count Two


Statement of Offence


MONEY LAUNDERING: Contrary to Section 69(3) (b) of the Proceeds of Crime Act 1997.

Particulars of Offence


JOHNNY ALBERT STEPHEN, on the 25th day of September 2009 at Suva in the Central Division received money amounting to $21, 440.56 that is the proceeds of crime knowing or ought to have reasonably known that the said $21,440.56 is derived directly or indirectly from some form of unlawful activities.


[2] In a majority opinion of three assessors, you have been found guilty of both counts. In directing myself on my own summing up, I agree with the majority and find you guilty on both counts.


[3] You are convicted accordingly.


[4] That is the judgment of the Court.


Paul K. Madigan
JUDGE


At Suva
12 April 2012


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