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State v Saukilagi [2005] FJHC 12; HAC0021J.2004S (26 January 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0021 OF 2004S

STATE

v.

JONA SAUKILAGI

Counsel: Mr Daniel Goundar for the State
Accused in Person

Hearing: 24th, 25th & 26th January 2005
Judgment: 26th January 2005

JUDGMENT

The Assessors are unanimous that the Accused is guilty on Counts 4 to 12 but the majority say on Counts 1 that he is not guilty, and on Counts 2 and 3 that he is guilty.

I agree with them on Counts 4 to 12 and convict him accordingly. On Count 1, I agree with the minority view that he is guilty of larceny on the basis that he knew when he checked his balance on 4th June that the money could not be his and that he withdrew the cash fraudulently and with intent to permanently deprive and without an honest claim of right. I do not accept his story that he believed the money came from his brother. On Counts 2 and 3, I agree with the majority and convict him accordingly.

The Accused is convicted on all counts.

Nazhat Shameem
JUDGE

At Suva
26th January 2005