Fiji Magistrates Bench Book - Federal Court of Australia

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Fiji Magistrates Bench Book April 2004
1 The Criminal Process The following diagram shows the general process of a criminal case from when it enters the Court process to its final adjudication. 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
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 and 74: • ensure that the witness who giv
Page 75 and 76: 8.8 Character Evidence Admissibilit
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
Page 103 and 104: Fiji Magistrates Bench Book April 2
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: 8: PRE-TRIAL MATTERS Fiji Magistrat
Page 121 and 122: In the event of a person whom such
Page 123 and 124: If the charge is defective: • ret
Page 125 and 126: 3.2 Warrant of Arrest Notwithstandi
Page 127 and 128: If, in the course of trial, the evi
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Page 131 and 132: 2 Non-Appearance by the Defendant I
Page 133 and 134: Explaining the charge to the defend
Page 135 and 136: For example, on a charge of malicio
Page 137 and 138: Immediate hearing If all parties ar
Page 139 and 140: 10: DEFENDED HEARINGS Fiji Magistra
Page 141 and 142: 1 Magistrate’s Notes A suggestion
Page 143 and 144: 2.4 Plea of Guilty to Other Offence
Page 145 and 146: A convenient test is found in the P
Page 147 and 148: 5.6 Lies If it is established that
Page 149 and 150: 7 Exhibits 7.1 Production Though it
Page 151 and 152: 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
Page 157 and 158: A “serious offence” is any offe
Page 159 and 160: On the granting of bail, the accuse
Page 161 and 162: 6 Refusal of Bail If bail is refuse
Page 163 and 164: 12: JUDGMENT Fiji Magistrates Bench
Page 165 and 166: 1 A Structured Approach to Defended
Page 167 and 168: 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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Fiji Magistrates Bench Book - Federal Court of Australia

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