Fiji Magistrates Bench Book - Federal Court of Australia

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Motor Vehicle See the Land Transport Act for definitions. Speed or manner dangerous to the public See definition of “public” in Chapter II of the Penal Code. Relation to the Traffic Act The provisions of s30, 31, 32 and 42 of the Traffic Act relating to disqualifications from holding or obtaining a driving licence; the endorsement of holding driving licences and restrictions on prosecution shall apply to prosecutions under s238(1) of the Penal Code. Case law See Nand Kumar v The State Crim. App. No HAA 115/2002L, Ajanesh Kumar v The State Crim. App. No AAV 0014 of 2002S, Semisi Lasike v The State Crim. App. No HAA 058 of 2002, Sefanaia Narau v The State Crim. App. No 79 of 1990, R v Guilfoyle (1973) 57 Cr. App. R. 549. For dangerous driving generally, see Eroni Turagatautoka v The State Crim App No. HAM058.03S 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 five years imprisonment. Fiji Magistrates Bench Book April 2004
Receiving Stolen Property Section s313(1) Penal Code Description Every person is guilty of an offence, who receives any property knowing it had been: • stolen; or • obtained in any way whatsoever under circumstances which amount to felony or misdemeanour. Elements • The person named in the charge is the same person who is appearing in Court; • The defendant received any property; • The property was stolen or obtained in circumstances amounting to felony or misdemeanour; • The defendant knew of this. 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 received the property. Possession See definition in Chapter II of the Penal Code. Receiving must be into the possession of the defendant. Mens rea The mens rea for receiving stolen property is the intent to receive. The defendant must also know the that the goods were stolen or otherwise obtained by criminal circumstances. 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
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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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Evidence of age In cases where the
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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 and 224: Acts Intended to Cause Grievous Har
Page 225 and 226: Defences If the prosecution has pro
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: Causing Death by Reckless or Danger
Page 251: Sentence Like Degree The conviction
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Fiji Magistrates Bench Book - Federal Court of Australia

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