Fiji Magistrates Bench Book - Federal Court of Australia

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3.3 Customary Law Unless and until Parliament makes provision for the application of customary law, Fijian customary law has effect as part of the laws of Fiji. This is qualified to the extent that any customary law that is inconsistent with the Constitution, any statute or is repugnant to the general principles of humanity shall not be part of the law: Chapter 13 Constitution. 3.4 Common Law The principles and rules of the common law and equity shall have effect as part of the law of Fiji as long as they are not inconsistent with the Constitution or any Act of Parliament. The common law is law developed by the Court system through: • interpreting existing legislation; • interpreting the Constitution; and • covering matters not dealt with by statute law. The development of the common law does not mean that the Courts can make arbitrary decisions. They must follow the Doctrine of Judicial Precedent. Doctrine of judicial precedent According to Judicial Precedent, Judges and Magistrates in lower Courts are bound to follow like decisions of higher Courts. Binding Authority This means that lower Courts must apply the legal principles announced in the decision of a higher Court in any cases. Persuasive Authority This means that the Court may apply the decision of another Court, but is not required to do so. This usually occurs if the decision comes from a Court of the same level in Fiji or from a foreign Court. You should always carefully consider the decision of the other Court, but if the reasoning of the decision does not persuade you, do not apply it. There are certain provisions of the law in Fiji which make direct reference to English law. For example, as a general rule of the Penal Code, the principles of legal interpretation and expressions used in the Code shall be presumed, so far as is consistent with their context, and, except as otherwise expressly provided, to be used with the meaning attached to them in English criminal law: s3 Penal Code. Fiji Magistrates Bench Book April 2004
4 The Branches of the State 4.1 The Parliament The power to make laws for the State vests in a Parliament consisting of: • the President; • the House of Representatives; and • the Senate: s45 Constitution. The President must not refuse to assent to a Bill duly presented for his or her assent: s46(2) Constitution. The House of Representatives The House of Representatives consists of 71 members elected in accordance with the Constitution to represent single-member constituencies: s50 Constitution. A person is not qualified to be nominated as a candidate for election to the House of Representatives if he or she: • is not a registered voter; • is an undischarged bankrupt; or • has an interest or contract with the government of a kind that must not be held by a member of Parliament: s58(2) Constitution. The House of Representatives, unless sooner dissolved, continues for 5 years: s59 Constitution. The Senate The Senate consists of 32 members appointed by various institutions and offices specified in the Constitution: s64 Constitution. The term of the Senate expires on: • the expiry of the House of Representatives; or • its earlier dissolution: s65 Constitution. Fiji Magistrates Bench Book April 2004
Page 1 and 2: Fiji Magistrates Bench Book Produce
Page 3 and 4: Table of Contents 1: The Law and Co
Page 5 and 6: 4 Real Evidence 5 Exhibits 6 Oral E
Page 7 and 8: 9: First Appearance 1 General 2 Non
Page 9 and 10: 13: Sentencing 1 Introduction 2 Jur
Page 11 and 12: PJEP BENCHBOOK PROJECT 2003/2004 TE
Page 13 and 14: Fiji Magistrates Bench Book April 2
Page 15: 3.1 The Fiji Constitution The first
Page 19 and 20: Prime Minister The Prime Minster mu
Page 21 and 22: 5 Jurisdiction Jurisdiction is the
Page 23 and 24: 2: FIJI MAGISTRATE’S COURT Fiji M
Page 25 and 26: 1 Introduction The Magistrate’s C
Page 27 and 28: • make copies of proceedings and
Page 29 and 30: 4.4 Sentencing Jurisdiction Residen
Page 31 and 32: in suits wherein the validity of an
Page 33 and 34: By application of a Magistrate Subj
Page 35 and 36: Fiji Magistrates Bench Book April 2
Page 37 and 38: Also, see State v Peniasi Kata Cr.
Page 39 and 40: For the defendant to have a fair tr
Page 41 and 42: An exception for the requirement fo
Page 43 and 44: 4: JUDICIAL CONDUCT Fiji Magistrate
Page 45 and 46: 1 Ethical Principles On appointment
Page 47 and 48: 1.5 “Without Fear or Favour, Affe
Page 49 and 50: d) Conflict of interest You must di
Page 51 and 52: 1. Prior notice • You should be s
Page 53 and 54: • Avoid a patronising and or undu
Page 55 and 56: 5: EVIDENCE Fiji Magistrates Bench
Page 57 and 58: 1 Introduction Evidence refers to t
Page 59 and 60: By definition, documentary evidence
Page 61 and 62: The distinction between ‘in Court
Page 63 and 64: Spouses The spouse of the defendant
Page 65 and 66: 7.3 Leading Questions A general rul
Page 67 and 68:
• 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
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4.3 Accessories After the Fact: ss3
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• At least two persons must agree
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Fiji Magistrates Bench Book April 2
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2.2 Endorsing the Criminal Evidence
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• Deal with matters that counsel
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In the unique case of Reginam v Net
Page 111 and 112:
When the alleged offence occurs in
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See Akuila Kuoutawa & R Labasa Crim
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12 Case Management The American Bar
Page 117 and 118:
8: PRE-TRIAL MATTERS Fiji Magistrat
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1 The Criminal Process The followin
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In the event of a person whom such
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If the charge is defective: • ret
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3.2 Warrant of Arrest Notwithstandi
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If, in the course of trial, the evi
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2 Non-Appearance by the Defendant I
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Explaining the charge to the defend
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For example, on a charge of malicio
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Immediate hearing If all parties ar
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10: DEFENDED HEARINGS Fiji Magistra
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1 Magistrate’s Notes A suggestion
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2.4 Plea of Guilty to Other Offence
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A convenient test is found in the P
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5.6 Lies If it is established that
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7 Exhibits 7.1 Production Though it
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11: BAIL Fiji Magistrates Bench Boo
Page 153 and 154:
1 Introduction The Bail Act 2002 se
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4.3 Primary Consideration The prima
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A “serious offence” is any offe
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On the granting of bail, the accuse
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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
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3.1 Judgment Format The format on t
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13: SENTENCING Fiji Magistrates Ben
Page 171 and 172:
1 Introduction At the end of a tria
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The judicial act of sentencing need
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These include the following: • pr
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7 Consideration of Other Offences W
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9 Types of Sentences 9.1 Corporal P
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9.5 Supervision As part of the prob
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Police supervision should not excee
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14: APPEALS, REVISIONS AND CASES ST
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1 Appeals The Magistrates’ Courts
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Supplementing the record In cases w
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The High Court shall hear and deter
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Page 195 and 196:
Evidence of age In cases where the
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5 Procedure in Juvenile Courts When
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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
Page 249 and 250:
Receiving Stolen Property Section s
Page 251:
Sentence Like Degree The conviction
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Fiji Magistrates Bench Book - Federal Court of Australia

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