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State v Ratudelana [2012] FJHC 1089; Criminal Case076.2012 (16 May 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No. 076 of 2012

BETWEEN :

STATE

AND:

ISOA RAISALUWAKI RATUDELANA

BEFORE : Mr. Justice Paul K. Madigan
COUNSEL : Mr. S.Vodokisolomone with Mr. J. Niudamu for the State
Ms. L. Vaurasi with Ms. S. Nayacalevu for the accused.

Date of Hearing : 14 & 15 May 2012
Date of Summing Up: 16 May 2012
Date of Judgment : 16 May 2012

JUDGMENT

1. ISOA RATUDELANA, you have been charged with the following three

   offences:

COUNT ONE

Statement of Offence

RAPE: Contrary to Section 207(1) and (2) (a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

ISOA RATUDELANA on the 23rd day of February 2012 at Suva in the Central Division, had carnal knowledge of SHARON SIMPSON, without her consent.

COUNT TWO

Statement of Offence

ASSAULT OCCASSIONING ACTUAL BODILY HARM: Contrary to Section 275 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

ISOA RATUDELANA on the 23rd day of February 2012 at Suva, in the Central Division, assaulted SHARON SIMPSON, thereby occasioning her actual bodily harm.

COUNT THREE

Statement of Offence

THEFT: Contrary to Section 291[1] of the Crimes Decree No. 44 of 2009.

Particulars of Offence

ISOA RATUDELANA on the 23rd day of February, 2012 at Suva, in the Central Division, dishonestly appropriated a Samsung mobile phone valued at $1744.00 the property of SHARON SIMPSON and intended to permanently deprive the said SHARON SIMPSON of the same.

2. To these offences the assessors have in their unanimous opinion found you

not guilty. In directing myself on my own summing up, I agree with the assessors and find you not guilty on each count. You are acquitted of each count accordingly.
That is the judgment of the Court.

Paul K. Madigan
JUDGE

At Suva

16th May 2012