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Man has sentence set aside after Judge finds incomplete summary of facts

Man has sentence set aside after Judge finds incomplete summary of facts

High Court Judge Justice Thushara Rajasinghe has quashed the conviction and set aside the sentence of Semisi Bainivalu who was sentenced to 3 years in April last year after being convicted of one count of grievous harm by the Nausori Magistrates Court.

Justice Rajasinghe has also ordered a re-trial before another Magistrate.

In his judgment, Justice Rajasinghe said the summary of facts has not established that Bainivalu caused any grievous harm to the complainant.

Justice Rajasinghe said as a consequence of this incomplete summary of facts, the conviction entered by Magistrate against Bainivalu is wrong in law.

 

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