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Kete v The State [1991] FJHC 2; Haa0015.91s (11 January 1991)

IN THE HIGH COURT OF FIJI
At Suva
Appellate Jurisdiction

CRIMINAL APPEAL NO. 15 OF 1991

SAIMONE KETE

v.

THE STATE

JUDGMENT

In view of State Counsel's concession that in the absence of any enquiry by the trial magistrate as to the appellant's knowledge or belief as to the age of the complainant and in the face of the prosecution's unchallenged assertion that : "The accused did not know complainant was under 16...," this court agrees with learned State Counsel's submission that he is unable to support the appellant's conviction on the basis that the facts outlined in support of his guilty plea disclosed a matter which could amount to a complete defence to the offence charged. In the absence of any inquiry by the learned trial magistrate as to the appellant's state of knowledge or belief as to the complainant's age and in the absence of the complainant the appellant's guilty plea must be considered to be equivocal and cannot be allowed to remain.

Accordingly I quash his conviction. The appellant is only discharged and mindful that he has already served 1 1/2 months imprisonment, I make no order for retrial.

(D.V. Fatiaki)
JUDGE

At Suva,
11th January, 1991.

HAA0015.91S