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State v Wesi [2016] FJMC 63; Criminal Case 220.2014 (27 May 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU
CRIMINAL JURISDICTION

Criminal Case No. 220 of 2014

STATE

v

RUVENI WESI

For Prosecution : Sgt Rinesh
For Accused : Mr Rakaria. I

Judgment : 27 May 2016

JUDGMENT

1. The accused, Ruveni Wesi was charged with one count of Criminal Intimidation, contrary to section 375(1) (a) (i) and (iv) of the Crimes Decree, 2009.
   
2. The particulars of the offence are that;-

“Ruveni Wesi on the 10^th day of August 2013, at Matanadrawe Settlement, Karoko, in the Northern Division, without lawful excuse and with intent to cause the alarm to Mohammed Lakim Hussein, threatened the said Mohammed Lakim Hussein with a cane knife.”

3. The Accused pleaded not guilty to the charge on 21 September 2015 and on the same date the Defence counsel confirmed to the court that there is no voire dire and the Accused is not challenging the caution interview. The case proceeded for hearing on 18 November 2015.
4. At the hearing, the Prosecution only call the victim as his witness. The caution interview and the charge statement were tendered by consent and marked Prosecution Exhibit 1 and 2 respectively. The accused is the only witness for the Defence.
   
5. Section 375 (1) (a) (i) (iv) of the Crimes Decree, 2009, state;-

“ (1) A person commits a summary offence if he or she, without lawful excuse-

1. threatens another person or other persons (whether individually or collectively) with any injury to-

(i) that person or persons;

with intent-

(iv) to cause alarm to that person or those persons”

6. In State v Nagalu (2010) FJHC 122.2008S (20April2010) Justice Temo state that for the accused to be found guilty of criminal intimidation the prosecution must prove beyond reasonable doubt the following elements;-

a) the accused;

b) without lawful excuse;

c) threaten another person;

d) with an injury;

e) with intent to cause alarm to that person.

7. PW1-Mohammed Khalim Hussein was in Karoko village to buy beachdemer. In his evidence he state that on the morning of 10 August 2013, he was sleeping in Atu’s place when Rupeni’s son brought some beachdemer. He refused to buy as his working hours is from 8am to 5pm. At 6am, Rupeni tap the knife on the floor and entered into the house wearing black gumboots. Rupeni slapped the mosquito net with the knife and moved towards him. He hold Rupeni’s wrist and pushed him away. He was really frightened and ran outside. He state that if the mosquito net was not there his neck would be chopped. There are three children’s in that house and they were all afraid. He shouted and people from the village came and hold the accused. He identified Rupeni as the person standing in the accused dock. He knew the accused during his staying in Karoko for seven to eight months. He state that the accused was closed to him about one meter distance when the accused swing the knife. He said that he did not know on why the accused attacked him with the knife. He called the police and reported the matter.
   
8. The Accused stated in his evidence that on 10 August 2013, he gave a bag of beachdemer to his son who is in class 3 to sell it. He took a knife and a sack and went to his plantation. On his way, he saw his son crying. His son told him that he was chased by the man buying the beachdemer as it was his sleeping time. He took the bag of beachdemer and went to where the victim was sleeping as they knew each other well. He said that when he goes around that place he always tap around the house wall and vehicle especially if he did not see anyone. He always does that to call them to wake up. He reach the door, he called the victim and no respond. He asked the mother of the house if he can go and see the victim. He went inside to the victim’s bed and calls the victim several times. There is no room in that house. He was kneeling down when he called the victim. The victim did not respond so he taps his knife on the floor once beside the mattress. The victim woke up and they had argument. He agrees that a person who wake up and saw a man with a cane knife will get scared. He state that he never threatened the victim and had no intention to scare the victim. In cross examination he agreed that if he saw his son crying he will get angry and will go and question the person who makes his son crying.
   
9. The onus is on the prosecution to prove all the elements of the offence beyond reasonable doubts.
   
10. The Victim in his evidence state that the accused attacked him with a knife without any reason. The accused slap the mosquito net with the knife and moved towards him. He holds the accused hand and pushed him away. The accused was closed to him when the accused swing the knife. He was frightened and ran outside. He shouted and the people from the village came and hold the accused. He said if the mosquito net was not there his neck would be chopped. These evidence led by the prosecution has satisfied and proved the elements of the offence.
    
11. I will now consider the evidence adduced at the trial in totality to see if there is any doubts on the evidence led by the prosecution and on the credibility of the witnesses.
    
12. The Accused agreed that the victim was sleeping when he went to see him. He went inside the house where the victim was sleeping. He calls the victim and the victim did not respond so he taps his knife on the floor beside the mattress. The victim woke up and they had argument. He agreed that a person who wakes up and saw a man with a cane knife will be scared. He also agreed that if he saw his son crying he will get angry and will go and question the person who makes his son crying.
    
13. In the translated caution interview, at question 15, the accused answered that “I slapped the mosquito net with my knife and called him saying you come here to sleep or for business.” In question16 he answered “I only smacked the floor and I don’t that it hit him.”
    
14. From the evidence of the accused, I find that he was angry when he met his son crying and when he went to see the victim. He went inside the house with his knife and gumboots and had argument with the victim. He agreed that the victim will be scared when he woke up and saw him with the knife. This piece of evidence satisfies the elements of threatening.
    
15. The Accused in his oral evidence state that he only taps his knife once on the floor beside the mattress. In his caution interview he state that he slap the mosquito net with his knife. He smacked the floor and don’t know that it hit him. These evidence satisfies the element of the intention to cause alarm and with an injury. These evidence also shows inconsistency on the accused evidence.
    
16. With the benefit of watching and assessing the demeanour of all witnesses, I find that the prosecution witness as credible and I will accept his evidence.
    
17. In assessing the evidence in totality, I find that the Prosecution has proved his case beyond reasonable doubt.
    
18. In my judgment, I find the Accused guilty as charged and I convict the Accused accordingly.
    

28 days to appeal.

......................................

C. M. Tuberi

RESIDENT MAGISTRATE