IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No.  HAC 19 of 2015

STATE

V

DAVID JOSAIAH BROWN

Counsel:	Ms. A. Vavadakua for State
		Accused in Person 

Date of Trial		:	9, 10 May 2016
Dare of Judgment	: 	10 May 2016

JUDGMENT

[1]	The accused was charged with the following offences:

FIRST COUNT
Statement of Offence:

INDECENT ASSAULT: Contrary to Section 154 (1)of the Penal Code Cap. 17.

Particulars of Offence

DAVID JOSAIAH BROWN, between the 1st day of January 2008 and the 31st day of December 2008 atBatinivuriwaiSettlement, Bua in the Northern Division, unlawfully and indecently assaulted (name suppressed).

SECOND COUNT
Statement of Offence:

SEXUAL ASSAULT: Contrary to Section 210 (1) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

DAVI JOSAIAH BROWN, between 1st day of January 2012 and the 22nd day of November 2012 at WaibunabunaSettlement, Bua in the Northern Division unlawfully and indecently assaulted (name suppressed).

THIRD COUNT
Statement of Offence:

RAPE: Contrary to Section 207 (1) and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

DAVID JOSAIAH BROWN, between 23rd day of November 2012 and the 31st day of December 2012 at Waibunabuna, Bua in the Northern Division, had carnal knowledge of (name suppressed)without her consent.

FOURTH COUNT
Representative Count
Statement of Offence:

RAPE:Contrary to Section 207(1)and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

DAVIDA JOSAIAH BROWN, between the 1st day of January 2013 and the 31st day of December 2013 at Nawailevu Village, Bua in the Northern Division, had carnal knowledge of (name suppressed)without her consent.
FIFTH COUNT
Statement of Offence:

RAPE: Contrary to Section 207(1) and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

DAVID JOSAIAH BROWN, between 1st of August 2014and the 31stday of August 2014 at Waibunabuna Settlement, Bua in the Northern Division, had carnal knowledge of (name suppressed)without her consent.

[2]	After trial in this Court three assessors returned unanimous 	opinions of guilty on each count.

[3]	In directing myself on my own summing up, and in carefully 	reviewing the evidence I agree with the assessors and find the 	accused guilty on each count and I convict him accordingly. 

[4]	The State called but one witness, the daughter of the accused. 	She gave confident evidence about the sexual assaults including 	rape that the accused subjected her to between the years 2008 	to 2014 when the offences were detected. She was unshaken in 	cross-examination. 

[5]	The accused gave evidence of alibi in which he contradicted 	himself and spoke of many irrelevant matters. He said that the 	girl was being used by his in laws to make up these allegations, 	because they disapproved of an extra-marital affair that he had 	in 2011. 

[6]	I did not believe him and he said nothing to cause me to doubt 	the veracity of the child’s evidence

[7]	I find that the State has discharged the burden upon it to prove	these counts beyond reasonable doubt.

					P.K. Madigan
					Judge 

At Labasa
10 May 2016