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State v Moore [2012] FJHC 947; HAC173.2010S (13 March 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 114 OF 2010S

STATE

vs

ARTHUR JAMES KAMOE MOORE

Counsels : Mr. L. Fotofili for State
Ms. M. Savou for Accused
Hearings : 5th to 8th March, 2012
Summing Up : 12th March, 2012
Judgment : 13th March, 2012

JUDGMENT

1. After a 4 days trial, the three assessors have returned with a mixed verdict, on whether or not the accused was guilty of murdering Samuela Rokoyalewa Junior, on 31st May 2010, at Suva in the Central Division, contrary to section 237 of the Crimes Decree 2009. Assessors No. 1 and 2 found the accused not guilty of murder, but guilty of the manslaughter of Samuela Rokoyalewa Junior. Assessor No. 3 found the accused guilty as charged.
   
2. Obviously, the majority of the assessors may have found that, the prosecution had failed to establish beyond reasonable doubt the fault element of the murder charge [ie. intention to kill or recklessness as to causing death], or alternatively, the prosecution having proven murder beyond reasonable doubt, the majority of the assessors found that the accused killed the deceased under provocation, thereby reducing the murder offence to manslaughter. The minority accepted the prosecution's version of events.
   
3. I have reviewed the evidence called in the trial, and I have directed myself in accordance with the summing up I gave the assessors on 12th March 2012. In my view, the verdicts of the majority and the minority of the assessors were not perverse. It was open to them to reach such conclusions on the evidence.
   
4. However, I accept the majority verdict of the assessors, and find the accused not guilty of murder, but guilty of the manslaughter of the deceased. I therefore acquit the accused of the murder of Samuela Rokoyalewa Junior, but convict him of the deceased's manslaughter. I order so accordingly.
   

Salesi Temo

JUDGE

Solicitor for the State : Office of Director of Public Prosecutions, Suva

Solicitor for Accused : Legal Aid Commission, Suva