Fiji Magistrates Bench Book - Federal Court of Australia

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In order to give opinion evidence, an expert witness must relate to the Court his or her background, qualifications and experience, to establish their credentials to speak as an expert in a specific field. Having done that, as a general rule they should be allowed to give their opinion on all relevant matters within their competency. Expert opinion should only be admitted where the Court has been shown that an issue of fact requires the application of knowledge, experience and understanding that is beyond that of ordinary persons. Some examples of expert opinion evidence include: • a registered medical practitioner giving an opinion about the health of a patient; • a registered architect giving an opinion about the structure of a building; and • a qualified motor mechanic giving an opinion about the condition of a motor vehicle. In the case of reports written by expert witnesses, it is the general rule that they are not admissible if the expert is not called as a witness, unless they fall under s19 CPC, or s4 Evidence Act. Any document which is a plan by a surveyor, a report of an analyst or geologist employed by the government, or a report by a medical practitioner can be presumed to be genuine and be used as evidence in any inquiry subject to the Code: s191 CPC. The Court is given the discretion whether to call these experts as witnesses or let their reports and plans stand on their own as evidence: s191(3) CPC. Non-experts Non-experts may give a statement of opinion on a matter in order to convey relevant facts personally perceived by him or her. In order for a non-expert or layperson to give evidence of opinion, there must be a factual basis for their opinion. The witness should be asked to describe the persons or circumstances prior to being asked for his or her opinion. For example, non-experts have given evidence of opinion in regards to: • the identity of an object; • the handwriting of which he or she was familiar; • a person’s age; • the speed of a vehicle; • the weather; • whether relations between two persons appear to be friendly or unfriendly. Fiji Magistrates Bench Book April 2004
8.8 Character Evidence Admissibility of evidence of bad character As a general rule, it is not open to the prosecution to introduce evidence of the bad character of the defendant in any form. Therefore, the previous convictions of the defendant may not form part of the case against him or her, nor may his previous misconduct, his disposition towards wrong doing or immorality, or his or bad reputation in the community in which he or she lives. The only way that evidence of bad character of the defendant can be introduced is by exceptions to the rule. Some of the exceptions to this rule at common law are: • if evidence of other misconduct forming part of the same transaction of the offence charged is also be admissible at common law; or • if the defendant puts his or her character in issue, evidence of bad character may be admitted at common law; or • where the defendant gives evidence, he or she may in certain circumstances face crossexamination on his character. When the defendant is called as a witness for the defence, the previous convictions and the bad character of the defendant can be admitted as evidence under s145(f) CPC where: • the proof that he or she has committed or been convicted of the other offence is ruled admissible as evidence to show he or she is guilty of the charge now being determined; or • if the defendant has personally or by his or her lawyer asked a question of a prosecution witness in order to establish his or her own good character; or • if the defendant has him or herself given evidence as to his or her own good character; or • part of the defence case involves impugning the character of the complainant or witnesses; or • when the defendant has given evidence against any other person charged with the same offence. The cross-examiner may call evidence to prove the conviction if the witness: • denies having been so convicted; or • does not admit a conviction; or • refuses to answer. See Josateki Cama v State Crim App HAA 082/2001S; Jenkins 31 Cr App R 1; Selvey v DPP (1970) AC 1,Cr App 591. Note that when the prosecution wishes to adduce evidence of bad character, they should apply to lead the evidence and a ruling should be made. 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
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
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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
Page 69 and 70: If the legal burden is borne by the
Page 71 and 72: In a voir dire hearing, evidence sh
Page 73: • ensure that the witness who giv
Page 77 and 78: 6: CRIMINAL RESPONSIBILITY Fiji Mag
Page 79 and 80: 1 Introduction The Penal Code is th
Page 81 and 82: An honest claim of right is when a
Page 83 and 84: To raise a defence of accident, it
Page 85 and 86: It is the defendant who bears the o
Page 87 and 88: 3 Intoxication must also be taken i
Page 89 and 90: Compulsion by threats Compulsion by
Page 91 and 92: • Force may include killing the a
Page 93 and 94: Enabling or Aiding: s21(1)(b) Penal
Page 95 and 96: Counselling The normal meaning of c
Page 97 and 98: Withdrawal Sometimes there may be a
Page 99 and 100: 4.3 Accessories After the Fact: ss3
Page 101 and 102: • At least two persons must agree
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Page 105 and 106: 2.2 Endorsing the Criminal Evidence
Page 107 and 108: • 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
Page 115 and 116: 12 Case Management The American Bar
Page 117 and 118: 8: PRE-TRIAL MATTERS Fiji Magistrat
Page 119 and 120: 1 The Criminal Process The followin
Page 121 and 122: In the event of a person whom such
Page 123 and 124: 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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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
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Receiving Stolen Property Section s
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Sentence Like Degree The conviction
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