Fiji Magistrates Bench Book - Federal Court of Australia

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unlawfully attempted in any manner to strike any person with any kind of projectile or other dangerous or offensive weapon; or unlawfully caused an explosion of some explosive substance; or sent or delivered an explosive, dangerous or noxious thing to any person; or caused any explosive, dangerous or noxious thing to be taken or received by any person; or put any corrosive, destructive or explosive substance in any place; or unlawfully cast, threw or otherwise applied any such fluid or substance upon or to the person of any person. Commentary Burden and standard of proof The prosecution must prove all the elements beyond reasonable doubt. If the defence establishes to your satisfaction that there is a reasonable doubt, then the prosecution has failed. Identification In Court, the prosecution should identify the person charged by clearly pointing out that person in Court. The prosecution must provide evidence to prove that it was the defendant who committed any of the prohibited acts mentioned. Maim See definition in Chapter II of the Penal Code. Wound See definition in Chapter II of the Penal Code. Offensive or Dangerous Weapon An offensive weapon means any article made or adapted for use for causing injury to the person, or intended by the person having it with him or her for such use: s96(3) Penal Code. Grievous Harm See definition in Chapter II of Penal Code. See DPP v Smith (1961) AC 290. Caselaw Derek Anthony Legge (1988) Cr. App. R. (S) 208. Fiji Magistrates Bench Book April 2004
Defences If the prosecution has proved the elements of the offence, beyond reasonable doubt, the defendant may still have a legal defence. The defendant will have to establish any defence to your satisfaction, on the balance of probabilities (i.e. more likely than not). Sentence Maximum life imprisonment. 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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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
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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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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
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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
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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
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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
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12: JUDGMENT Fiji Magistrates Bench
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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
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1 Introduction At the end of a tria
Page 173 and 174: The judicial act of sentencing need
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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 193 and 194: Fiji Magistrates Bench Book April 2
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
Page 201 and 202: 6.6 Special Considerations Regardin
Page 203 and 204: 16: COMMON OFFENCES Fiji Magistrate
Page 205 and 206: False Pretences Under s309(a) Secti
Page 207 and 208: False Pretences Under s309(b) Secti
Page 209 and 210: Simple Larceny (Theft) Section s259
Page 211 and 212: The requirement of permanent depriv
Page 213 and 214: Conversion Under s279(1)(a) Section
Page 215 and 216: Conversion Under s279(1)(b) Section
Page 217 and 218: Conversion Under s279(1)(c) Section
Page 219 and 220: Burglary Section s299 Penal Code (C
Page 221 and 222: Abuse of Office Section s111 Penal
Page 223: Acts Intended to Cause Grievous Har
Page 227 and 228: Robbery Section s293(1)(a) Penal Co
Page 229 and 230: Robbery (with Violence) Section s29
Page 231 and 232: Rape Section s149 Penal Code (Cap.
Page 233 and 234: Corroboration In all sexual offence
Page 235 and 236: Indecent Assault on a Female Sectio
Page 237 and 238: Indecently Insulting or Annoying a
Page 239 and 240: Defilement of Girl under Thirteen Y
Page 241 and 242: Defilement of Girl between Thirteen
Page 243 and 244: Defilement of Female Under Severe A
Page 245 and 246: Dangerous Drugs Section s8(b), 41(2
Page 247 and 248: 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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