IN THE HIGH COURT OF FIJI
AT LABASA
[CRIMINAL JURISDICTION]
CRIMINAL CASE NO: HAC 79 of 2018

STATE
V
JESE MATEAVULA TOMA
Counsel	:	Ms. Amelia Vavadakua for the State
Ms. Karen Boseiwaqa for the Accused    

Dates of Trial	: 	24-26 June 2019  
Summing Up	: 	27 June 2019
Judgment	:	27 June 2019  

JUDGMENT

[1]	According to the Information filed by the Director of Public Prosecutions (DPP), the accused, Jese Mateavula Toma, is charged with the following offence:
				     
FIRST COUNT
Statement of Offence
ACT WITH INTENT TO CAUSE GRIEVOUS HARM: Contrary to Section 255 (a) of the Crimes Act 2009.
Particulars of Offence
JESE MATEAVULA TOMA, on the 20th day of October 2018, at Delaivuna Settlement, in Taveuni, in the Northern Division, with intent to cause grievous harm to LEONE LEQEUA, unlawfully wounded the said LEONE LEQEUA.
[2]	The accused pleaded not guilty to the charge and the ensuing trial was held over 3 days.   
[3]	At the conclusion of the evidence and after the directions given in the summing up, by a unanimous decision, the three Assessors found the accused guilty of the charge of Act with Intent to Cause Grievous Harm.  
[4]	I have carefully examined the evidence presented during the course of the trial. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the Assessors and also the opinions of the Assessors.
[5]	During my summing up I explained to the Assessors the salient provisions of Section 255 (a) of the Crimes Act No. 44 of 2009 (Crimes Act). 
[6]	In terms of Section 255 (a) of the Crimes Act “A person commits an indictable offence if he or she, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person— 
(a)	unlawfully wounds or does any grievous harm to any person by any means; or 
(b)	…….
Emphasis is mine.
[7]	In this case the prosecution has charged that the accused intended to cause grievous harm to the complainant.
[8]	Accordingly, I directed the Assessors that in order for the prosecution to prove the charge of Act with Intent to Cause Grievous Harm, they must establish beyond any reasonable doubt that;
(i) 	The accused; 
(ii) 	On the specified day (in this case the 20 October 2018);
(iii)	At Delaivuna Settlement, in Taveuni, in the Northern Division;
(iv) 	Unlawfully wounded Leone Leqeua; 
(v) 	With the intention to cause grievous harm to the said Leone Leqeua. 
[9]	The above individual elements were further elaborated upon in my summing up.
[10]	The word “unlawfully” simply means without lawful excuse. The term “wound” has been defined at Section 4(1) of the Crimes Act to mean any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is "exterior" for the purpose of this definition which can be touched without dividing or piercing any other membrane.  
[11]	Grievous harm has been defined in the same Subsection of the Crimes Act as follows:
	"grievous harm" means any harm which—
(a) amounts to a maim or dangerous harm; or
(b) seriously or permanently injures health or which is likely so to injure health; or 
(c) extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense.
[12]	The term ‘harm’ has been defined in the same Subsection to mean: “any bodily hurt, disease or disorder (including harm to a person’s mental health) whether permanent or temporary, and includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).” Whereas, "dangerous harm" has been defined to mean as “harm endangering life”.
[13]	However, the Assessors were further directed that if they find that the prosecution has proved all elements of the offence beyond any reasonable doubt, except the final element, that the accused intended to cause grievous harm to the said Leone Leqeua; as an alternative, they were then allowed to look at the lesser offence of Causing Grievous Harm, in terms of Section 258 of the Crimes Act, though the accused is not formally charged in the Information for that offence in the first count.    
[14]	In terms of Section 258 of the Crimes Act “A person commits an indictable offence (which is triable summarily) if he or she unlawfully and maliciously does grievous harm to another person”.
[15]	Therefore, the Assessors were further directed that in order for the prosecution to prove the offence of Grievous Harm, they must establish beyond any reasonable doubt that;
(i) 	The accused; 
(ii) 	On the specified day (in this case the 20 October 2018);
(iii)	At Delaivuna Settlement, in Taveuni, in the Northern Division;
(iv) 	Unlawfully and maliciously does (caused) grievous harm to Leone Leqeua. 
[16]	The above individual elements were further elaborated upon in my summing.

[17]	The prosecution, in support of their case, called the complainant, Leone Leqeua and Dr. Kasanita Emmanuel. The prosecution also tendered the following documents as a prosecution exhibits: 
Prosecution Exhibit PE1 – The Medical Examination Report of the complainant.
Prosecution Exhibits PE2A, PE2B & PE2C – Photographs taken by the Medical Officer during the course of the medical examination.
[18]	The accused gave evidence on his behalf.
[19]	In terms of the provisions of Section 135 of the Criminal Procedure Act No. 43 of 2009 (“Criminal Procedure Act”), the prosecution and the defence have consented to treat the following facts as “Agreed Facts” without placing necessary evidence to prove them:
	
1.	THAT JESE MATEAVULA TOMA (hereinafter referred to as “Jese”) is charged in this 	case with one count of Act with intent to cause grievous harm, to his brother in law, 	LEONE LEQEUA (hereinafter referred to as “the victim”) on the 20th day of October 	2018 in Taveuni.
2.	THAT Jese and his wife had gone to Taveuni in September of 2018 and thereafter 	they went to stay at the residence of the victim for some time uptil the time of the 	alleged offending mentioned in para 1 above.
3.	THAT Jese and his wife were drinking liquor with the victim and his wife on the 19th 	of October 2018 from the afternoon uptil early hours of the following morning.
4.	THAT it was around 3.00 a.m. on the 20 October 2018, that one Iowani Vakaurereqa drove his vehicle with victim’s children to the place where the victim was bleeding and lying outside, unable to move.
5.	THAT Jese struck the victim with a cane knife on the victim’s body, several times.
	THAT THE ONLY ISSUE FOR TRIAL IN THIS MATTER IS WHETHER JESE TOMA 	MATEAVULA HAD THE INTENTION TO CAUSE GRIEVOUS HARM TO THE VICTIM 	LEONE LEQEUA ON THE 20TH DAY OF OCTOBER 2018.

[20]	Since the prosecution and the defence have consented to treat the above facts as “Agreed Facts” without placing necessary evidence to prove them the above facts are proved beyond reasonable doubt.  
[21]	Based on the said Agreed Facts the identity of the accused, the date of incident and the place of incident are not in dispute. The accused has also admitted that he struck the complainant (victim) with a cane knife on his body, several times. Actually the only issue for determination in this matter is whether the accused had the intention to cause grievous harm to the complainant.
[22]	I have summarized the evidence of the two prosecution witnesses and the accused in my summing up. 
[23]	The complainant has clearly narrated how he had been attacked by the accused with a cane knife, on 20 October 2018. 
[24]	The accused is denying that he intentionally struck the complainant and he also denies that he intended to cause grievous harm to the complainant.  
[25]	The prosecution states that the version of the events given by the accused cannot be believed. The prosecution states that the accused had intentionally struck the complainant with the cane knife and that he had the intention to cause grievous harm to the complainant. 
[26]	The Medical Officer, Dr. Kasanita Emmanuel, conducted a medical examination on the complainant, at the Emergency Department of the Taveuni Hospital, on 20 October 2018, at 6.00 in the morning. The Doctor testified to the injuries sustained by the complainant as a result of the incident.
[27]	The Assessors have found the evidence of prosecution as truthful and reliable as they have by a unanimous decision found the accused guilty of the charge. Therefore, it is clear that they have rejected the version put forward by the accused.
[28]	In my view, the Assessor's opinion was justified. It was open for them to reach such a conclusion on the available evidence. I concur with the unanimous opinions of the Assessors in respect of the charge.
[29]	Considering the nature of all the evidence before this Court, it is my considered opinion that the prosecution has proved its case beyond reasonable doubt by adducing truthful and reliable evidence satisfying all elements of the offence of Act with Intent to Cause Grievous Harm with which the accused is charged.  
[30]	In the circumstances, I find the accused guilty of the charge of Act with Intent to Cause Grievous Harm. 
[31]	Accordingly, I convict the accused of Act with Intent to Cause Grievous Harm, as charged.

Riyaz Hamza
JUDGE
HIGH COURT OF FIJI

AT LABASA
Dated this 27th Day of June 2019

Solicitors for the State	: 	Office of the Director of Public Prosecutions, Labasa.
Solicitors for the Accused	: 	Office of the Legal Aid Commission, Labasa.