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State v Khaiyum - Judgment [2012] FJHC 1264; Criminal Case 160.2010 (7 August 2012)

IN THE HIGHT COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: 160 of 2010

BETWEEN:

STATE

AND:

ABDUL KHAIYUM
Accused

COUNSEL: Ms I. Whippy with Ms V. Prasad for the State
Mr. H.M. Rabuku for the Accused

JUDGMENT

[1] Abdul Kaiyum you have been charged with the following offences:

FIRST COUNT

Statement of Offence

SEXUAL ASSAULT: contrary to section 210(1)(a) of the Crimes Decree, No. 44 of 2009.

Particulars of Offence

ABDUL KAIYUM, between the 1^st of August 2010 and the 31^st of August 2010 at Nasinu in the Central Division, unlawfully and incidently assaulted SHAMEEM HUSSEIN.

SECOND COUNT

Statement of Offence

RAPE: Contrary to Section 207(1)(2)(a) of the Crimes Decree, No. 44 of 2009.

Particulars of Offence

ABDUL KAIYUM, between the 1^st of August 2010 and 31^st of August 2010 at Nasiny in the Central Division, had carnal knowledge of SHAMEEM HUSSEIN, without his consent.

[2] You have been found guilty in the unanimous opinion of three assessors. In directing myself on my own Summing up, I agree with the assessors and find you guilty on each count and I convict you on each count accordingly.

[3] That is the judgment of the court.

Paul Madigan
JUDGE

At Suva
7 August 2012.