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State v Sovau [2014] FJHC 86; HAC079.2011 (24 February 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 079 of 2011

BETWEEN:

THE STATE
COMPLAINANT

AND:

VUNIYANI SOVAU
ACCUSED

Counsel : Ms. M. Fong with Ms. D. Kumar for the State
: Ms. V Tamanisau with Ms. P. Chand for the Accused

Date of Hearing : 17th, 18th, 19th and 20th February 2014
Date of Summing Up: 21st February 2014
Date of Judgment : 24th February 2014

JUDGMENT

1. Vuniyani Sovau you have been charged with the following offence:
   

RAPE: contrary to section 207 (1) (2) (a) of the Crimes Decree No. 44 of 2009.

Particulars of the Offence

VUNIYANI SOVAU on the 5th day of March, 2011, at Nasinu in the Central Division, had carnal knowledge of VANI VEIUSAYAKI without her consent.

2. The assessors had to deliberate whether you committed the offence of Rape on 5th of March 2011 as charged. This court had the privilege of listening to both you and the complainant. In the unanimous opinion of three assessors you have been found 'GUILTY of the offence. In directing myself on my own summing up, I concur with the Assessors and also find you GUILTY.
   
3. That is the judgment of the Court.
   

Janaka Bandara
Judge

At Suva
Office of the Director of Prosecution for State
Office of the Legal Aid Commission for Accused