Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
9: FIRST APPEARANCE Fiji Magistrates Bench Book April 2004
Fiji Magistrates Bench Book April 2004
- 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 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
- Page 125 and 126: 3.2 Warrant of Arrest Notwithstandi
- Page 127: If, in the course of trial, the evi
- 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
- Page 169 and 170: 13: SENTENCING Fiji Magistrates Ben
- Page 171 and 172: 1 Introduction At the end of a tria
- Page 173 and 174: The judicial act of sentencing need
- Page 175 and 176: These include the following: • pr
- Page 177 and 178: 7 Consideration of Other Offences W
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004