Fiji Magistrates Bench Book - Federal Court of Australia

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3: Criminal Law and Human Rights 1 Introduction 2 Right to a Fair Hearing within a Reasonable Time by an Independent and Impartial Court 3 Presumption of Innocence 4 Right to Freedom from Cruel or Degrading Treatment 5 Right to an Interpreter 6 Right to Adequate Time and Facilities Including Right to Counsel 7 Right to Not Give Evidence in Court 8 Right to be Present in Court 9 Right to Not be Found Guilty of a Criminal Offence if, at the Time, it Does Not Constitute an Offence 10 Right to Not be Tried Again for Same Offence 4: Judicial Conduct 1 Ethical Principles 1.1 “Well and Truly Serve” 1.2 “Do Right” 1.3 “All Manner of People” 1.4 “The Laws and Usages of the Republic” 1.5 “Without Fear or Favour, Affection or Ill Will” 2 Conduct in Court 2.1 Preparing for a Case 2.2 Principle that Affected Parties have the Right to be Heard 2.3 Courtroom Conduct 2.4 Maintaining the Dignity of the Court 2.5 Communication in Court 5: Evidence 1 Introduction 2 Classification of Evidence 2.1 Classification by Form 2.2 Classification by Content 3 Documentary Evidence Fiji Magistrates Bench Book April 2004
4 Real Evidence 5 Exhibits 6 Oral Evidence 7 Evidentiary Issues Relating to Witness Testimony 7.1 Competence and Compellability of Witnesses 7.2 Examination of Witnesses 7.3 Leading Questions 7.4 Refreshing Memory 7.5 Lies 7.6 Corroboration 7.7 Hostile Witnesses 7.8 The Warning to a Witness against Self Incrimination 7.9 Identification Evidence by Witnesses 7.10 Visiting the Scene 8 Rules of Evidence 8.1 Introduction 8.2 Burden and Standard of Proof 8.3 Judicial Notice 8.4 Admissibility of Evidence 8.5 Best Evidence Rule 8.6 Hearsay Rule 8.7 Opinion Evidence 8.8 Character Evidence 6: Criminal Responsibility 1 Introduction 2 Rules Relating to the Mens Rea of an Offence and to Involuntary Acts 2.1 Ignorance of the Law: s7 Penal Code 2.2 Bona-fide Claim of Right: s8 Penal Code 2.3 Intention, Involuntary Acts and Accident: s9 Penal Code 2.4 Mistake of Fact: s10 Penal Code 2.5 Insanity: s11 Penal Code 2.6 Intoxication: s13 Penal Code 2.7 Immature Age: s14 Penal Code 3 Rules Relating to Excuses or Special Circumstances 3.1 Compulsion (or Duress): s16 Penal Code 3.2 Defence of Person or Property: s17 Penal Code 4 Parties 4.1 Principal Offenders and Accessories: s21 Penal Code 4.2 Prosecution of a Common Purpose: s22 Penal Code Fiji Magistrates Bench Book April 2004
Page 1 and 2: Fiji Magistrates Bench Book Produce
Page 3: Table of Contents 1: The Law and Co
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 and 16: 3.1 The Fiji Constitution The first
Page 17 and 18: 4 The Branches of the State 4.1 The
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
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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
Page 79 and 80:
1 Introduction The Penal Code is th
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An honest claim of right is when a
Page 83 and 84:
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
Page 105 and 106:
2.2 Endorsing the Criminal Evidence
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• 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
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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
Page 155 and 156:
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
Page 169 and 170:
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
Page 193 and 194:
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
Page 205 and 206:
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
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.
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Corroboration In all sexual offence
Page 235 and 236:
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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