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State v Chand - Judgment [2012] FJHC 969; HAC032.2005 (14 March 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 032 OF 2005

BETWEEN:

STATE

AND:

ASHWIN CHAND

Counsels : Ms. L. Vateitei for the State
Accused In person

Date of Trial : 05/03/2012 – 09/03/2012.
Date of Summing Up: 13/03/2012.
Date of Judgment : 14/03/2012.

JUDGMENT

1. The Accused abovenamed is charged under Section 199 and 200 of the Penal Code (Cap 17).

2. The trial commenced on 5th March 2012 and concluded on 13th March 2012.

3. At the end of the trial all three Assessors unanimously found the accused guilty to the offence of Murder.

4. I have adjourned overnight to consider my judgment.

5. I have directed myself in accordance with my summing up I gave the Assessors yesterday.

6. After the voir dire inquiry this Court found the statement made at the Caution Interview was admissible and it was allowed to be lead in evidence.

7. The State Counsel had produced the statement made at the Caution Interview and proved the truthfulness of the statement through independent evidence.

8. I carefully considered the entire evidence before the Court and I am convinced that the Prosecution had proved the case beyond reasonable doubt.

9. I find the verdict of the assessors were not perverse. It was opened to them to reach such a conclusion on the evidence. I accept their verdict.

10. Considering all materials before me I find that the accused guilty as charged.

12. Accordingly I convict the accused Ashwin Chand for the offence of Murder punishable under Section 199 and 200 of the Penal Code Cap. 17 as charged.

S. Thurairaja
JUDGE

At Lautoka
14th March 2012.