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State v Voivoi [2007] FJMC 7; Criminal Case No 1058 of 2004 (30 March 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 1058 of 2004

STATE

V

FILIPE VOIVOI

Before Ajmal Gulab Khan Esq
Resident Magistrate

Date of Hearing: 16/02/07
Date of Judgment: 30/03/07

Prosecution: Insp. Wilson.
Accused: In Person.

The accused has been charged with Robbery with Violence Contrary to S293 (i) (b) and Unlawful Use of Motor Vehicle Contrary to S.292 of the Penal Code.

The facts are on 13th April the accused with 3 others around 5.30 pm hired the taxi of the complainant Mahendra Singh. They asked driver to go to Rewa Street towards Reservior. When he stopped taxi the accused with others tied up the driver and blind folded the driver. Accused took out $50 from his shirt pocket. He also pulled him out of driver’s seat and pushed him to the back of the taxi.

They drove off in the taxi towards Laucala Beach. Near the Mobil bowzer there was an accident and they left the car and fled. The driver managed to release himself and reported it to a patrol car.

He identified Filipe as one of the accused. He doesn’t know if he drove the vehicle but he knows he forcefully took out $50 from his pocket and helped push him to the back seat. They also threatened "that they had a pistol and would shoot if I yelled."

Whilst the robbers ran out of the taxi LT1160, a car driver saw them. He was third car from the taxi of complainant. He saw the taxi colliding into a car in front. He saw 4 people ran out of the taxi. He knew and recognized Filipe Voivoi the accused in this case as one of them. Filipe used to be a neighbor of this witness known to him for 3 to 4 years. The taxi driver also came out of the back blindfolded. He was called to the station. He identified the accused in an identification parade at the station.

He supplied police with information and address of the accused who was later arrested. The accused denied the charges.

I have considered the whole of evidence. The 2nd prosecution witness knew accused well and saw him running out of the taxi when there was a collision. His identification was positive. He had been a neighbor of the accused for over 3 – 4 years. He was also recognized by the complainant.
I am satisfied beyond reasonable doubt that it was the accused with others who were in the taxi that day. The accused forcefully took $50 and pushed the driver in the back seat. He also threatened to shoot with pistol.

All elements of the offence is complete.

I find the accused guilty as charged on Count 1. As for Count 2 there is no direct evidence that he drove the vehicle.

However, all four were together and the accused played a major part in the robbery. He also was in the vehicle and had common intent.

I, therefore find the accused guilty on count 2 also.

Dated this 12th day of March 2007.

Ajmal G Khan
RESIDENT MAGISTRATE