Fiji Magistrates Bench Book - Federal Court of Australia

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9 Withdrawal of Complaint The prosecutor may withdraw a complaint, with the consent of the Court, before a final order is passed: s201 CPC. Where the withdrawal is made after the defence case, acquit the defendant. Where the withdrawal is made before the defence case, you may • acquit the defendant; or • discharge the defendant. An order of discharge is not a bar to subsequent proceedings on account of the same facts. 10 Order of Acquittal Bar to Further Procedure An order of acquittal shall without other proof, be a bar to any subsequent information or complaint for the same matter against the same defendant: s218 CPC. Fiji Magistrates Bench Book April 2004
11: BAIL Fiji Magistrates Bench Book April 2004
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Fiji Magistrates Bench Book Produce
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Table of Contents 1: The Law and Co
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4 Real Evidence 5 Exhibits 6 Oral E
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9: First Appearance 1 General 2 Non
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13: Sentencing 1 Introduction 2 Jur
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PJEP BENCHBOOK PROJECT 2003/2004 TE
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Fiji Magistrates Bench Book April 2
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3.1 The Fiji Constitution The first
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4 The Branches of the State 4.1 The
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Prime Minister The Prime Minster mu
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5 Jurisdiction Jurisdiction is the
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2: FIJI MAGISTRATE’S COURT Fiji M
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1 Introduction The Magistrate’s C
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• make copies of proceedings and
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4.4 Sentencing Jurisdiction Residen
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in suits wherein the validity of an
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By application of a Magistrate Subj
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Fiji Magistrates Bench Book April 2
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Also, see State v Peniasi Kata Cr.
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For the defendant to have a fair tr
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An exception for the requirement fo
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4: JUDICIAL CONDUCT Fiji Magistrate
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1 Ethical Principles On appointment
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1.5 “Without Fear or Favour, Affe
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d) Conflict of interest You must di
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1. Prior notice • You should be s
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• Avoid a patronising and or undu
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5: EVIDENCE Fiji Magistrates Bench
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1 Introduction Evidence refers to t
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By definition, documentary evidence
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The distinction between ‘in Court
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Spouses The spouse of the defendant
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7.3 Leading Questions A general rul
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• Sometimes the witness will show
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If the legal burden is borne by the
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In a voir dire hearing, evidence sh
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• ensure that the witness who giv
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8.8 Character Evidence Admissibilit
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6: CRIMINAL RESPONSIBILITY Fiji Mag
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1 Introduction The Penal Code is th
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An honest claim of right is when a
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To raise a defence of accident, it
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It is the defendant who bears the o
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3 Intoxication must also be taken i
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Compulsion by threats Compulsion by
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• Force may include killing the a
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Enabling or Aiding: s21(1)(b) Penal
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Counselling The normal meaning of c
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Withdrawal Sometimes there may be a
Page 99 and 100: 4.3 Accessories After the Fact: ss3
Page 101 and 102: • At least two persons must agree
Page 103 and 104: Fiji Magistrates Bench Book April 2
Page 105 and 106: 2.2 Endorsing the Criminal Evidence
Page 107 and 108: • Deal with matters that counsel
Page 109 and 110: In the unique case of Reginam v Net
Page 111 and 112: When the alleged offence occurs in
Page 113 and 114: See Akuila Kuoutawa & R Labasa Crim
Page 115 and 116: 12 Case Management The American Bar
Page 117 and 118: 8: PRE-TRIAL MATTERS Fiji Magistrat
Page 119 and 120: 1 The Criminal Process The followin
Page 121 and 122: In the event of a person whom such
Page 123 and 124: If the charge is defective: • ret
Page 125 and 126: 3.2 Warrant of Arrest Notwithstandi
Page 127 and 128: If, in the course of trial, the evi
Page 131 and 132: 2 Non-Appearance by the Defendant I
Page 133 and 134: Explaining the charge to the defend
Page 135 and 136: For example, on a charge of malicio
Page 137 and 138: Immediate hearing If all parties ar
Page 139 and 140: 10: DEFENDED HEARINGS Fiji Magistra
Page 141 and 142: 1 Magistrate’s Notes A suggestion
Page 143 and 144: 2.4 Plea of Guilty to Other Offence
Page 145 and 146: A convenient test is found in the P
Page 147 and 148: 5.6 Lies If it is established that
Page 149: 7 Exhibits 7.1 Production Though it
Page 153 and 154: 1 Introduction The Bail Act 2002 se
Page 155 and 156: 4.3 Primary Consideration The prima
Page 157 and 158: A “serious offence” is any offe
Page 159 and 160: On the granting of bail, the accuse
Page 161 and 162: 6 Refusal of Bail If bail is refuse
Page 163 and 164: 12: JUDGMENT Fiji Magistrates Bench
Page 165 and 166: 1 A Structured Approach to Defended
Page 167 and 168: 3.1 Judgment Format The format on t
Page 169 and 170: 13: SENTENCING Fiji Magistrates Ben
Page 171 and 172: 1 Introduction At the end of a tria
Page 173 and 174: The judicial act of sentencing need
Page 175 and 176: These include the following: • pr
Page 177 and 178: 7 Consideration of Other Offences W
Page 179 and 180: 9 Types of Sentences 9.1 Corporal P
Page 181 and 182: 9.5 Supervision As part of the prob
Page 183 and 184: Police supervision should not excee
Page 185 and 186: 14: APPEALS, REVISIONS AND CASES ST
Page 187 and 188: 1 Appeals The Magistrates’ Courts
Page 189 and 190: Supplementing the record In cases w
Page 191 and 192: The High Court shall hear and deter
Page 195 and 196: Evidence of age In cases where the
Page 197 and 198: 5 Procedure in Juvenile Courts When
Page 199 and 200: 6 Sentencing of Juvenile Offenders
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6.6 Special Considerations Regardin
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16: COMMON OFFENCES Fiji Magistrate
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False Pretences Under s309(a) Secti
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False Pretences Under s309(b) Secti
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Simple Larceny (Theft) Section s259
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The requirement of permanent depriv
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Conversion Under s279(1)(a) Section
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Conversion Under s279(1)(b) Section
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Conversion Under s279(1)(c) Section
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Burglary Section s299 Penal Code (C
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Abuse of Office Section s111 Penal
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Acts Intended to Cause Grievous Har
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Defences If the prosecution has pro
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Robbery Section s293(1)(a) Penal Co
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Robbery (with Violence) Section s29
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Rape Section s149 Penal Code (Cap.
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Corroboration In all sexual offence
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Indecent Assault on a Female Sectio
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Indecently Insulting or Annoying a
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Defilement of Girl under Thirteen Y
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Defilement of Girl between Thirteen
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Defilement of Female Under Severe A
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Dangerous Drugs Section s8(b), 41(2
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Causing Death by Reckless or Danger
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Receiving Stolen Property Section s
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Sentence Like Degree The conviction
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Fiji Magistrates Bench Book - Federal Court of Australia

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