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State v Matufuna [1997] FJHC 283; HAC0023.1996 (3 November 1997)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.0023 OF 1996

THE STATE

V.

MICHAEL JAMES MATUFUNA

Counsel: Mr. K. Tunidau for State
Accused in Person

Hearing: 27th October to 3rd November 1997

Judgment: 3rd November 1997

ORAL JUDGMENT

Ladies and Gentleman Assessors, thank you for your careful attention to this case and the opinions that you have just given.

It is now my duty to give judgment.

I have the benefit of the unanimous opinions of the Assessors which carries considerable weight with me. That unanimous opinion is completely tenable on the basis of the evidence, considered in accordance with the legal directions that have been given.

I have also considered and evaluated the evidence, applying the legal principles contained in my summing up to the assessors. It is also my decision that the charge against the accused has not been proved.

Accordingly the judgment of this Court is that the accused is NOT GUILTY of the charge of assault with intent to rob as detailed in the information. The accused is acquitted. He may stand down.

Justice D.B. Pain