Fiji Magistrates Bench Book - Federal Court of Australia

Non-application to trustees
Section 279(2) Subsection (1)(c) does not apply to or affect any
trustee under any express trust created by a deed or will, or any
mortgage of any real or personal property, in respect of any act done
by the trustee or mortgagee in relation to the property comprised in
or affected by any such trust or mortgage.
Being entrusted
See Enesi Yavala v The State [1996] Fj Cr App. 40J/96B.
Useful case law
State v Isimeli Drodroveivali Suva High Court HAC007.025.
Barrick (1985) 81 Cr. App. R. 78.
Panniker v State Suva High Court Crim. App. No 28 of 2000S.
State v Mahendra Prasad Suva High Court Cr. Action
HAC000.025.
See Chapter IV of the Penal Code, which sets out the general rules
of criminal responsibility and defences.
The defendant will have to establish any defence to your
satisfaction, on the balance of probabilities (i.e. more likely than
not).
Sentence
Maximum seven years imprisonment.
Fiji Magistrates Bench Book April 2004