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State v Vakaruru [2014] FJHC 611; HAC12.2013 (8 August 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION
Criminal Case No. 012 of 2013

STATE

v

SAMUELA VAKARURU

Counsel: Mr. L. Fotofili for the State
Mr. S. Waqanaibete with
Mr. M. Fesaitu (L.A.C.) for the Accused.

Date of trial: 5, 6 & 7 August 2014
Date of Judgment:8 August 2014

JUDGMENT

You, Samuela Vakaruru have been charged with the following offence:

Statement of Offence

MURDER: Contrary to section 237 of the Crimes Decree, 2009.

Particulars of Offence

SAMUELA VAKARURU on the 18th day of December 2012 at Suva in the Central Division, unlawfully assaulted ANTHONY PAUL TOKELAU thereby causing his death and at the time of the assault, SAMUELA VAKARURU was reckless as whether death would be caused.

2. After trial and direction on the law, three assessors have unanimously opined that you be not guilty of murder but guilty of the lesser offence of manslaughter.

3. On the 18th December 2012 you visited your cousin because you had heard he had been in your house the night before attempting to steal your stereo. The evidence of your assault on the deceased is both overwhelming and alarming. You suggested in a caution interview that you assaulted the deceased in self defence, but your acts were so violent and relentless, they totally nullify any possible application of that defence.

4. Evidence was also agreed that the deceased was perhaps assaulted by others, but even if he was your brutal attack to his head and face with fists and steel capped boots can only have been a substantial contribution if not the only contribution to his cause of death which was haemorrahage to the brain.

5. Your punches, kicks and stomping were so forceful, the recklessness of the attack is ambiguous as to risk of death or risk of serious bodily harm – and I must therefore accede to the obvious view of the assessors that it was the latter.

6. I agree with the unanimous opinion and find you not guilty of murder but guilty of manslaughter and I convict you of the offence of manslaughter.

7. That is the judgment of the Court.

P.K. Madigan
Judge

At Suva
8 August 2014.