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Fiji Magistrates Bench Book - Federal Court of Australia

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1 Introduction<br />

At the end <strong>of</strong> a trial, after you have heard and considered all the relevant evidence, you must<br />

sentence the <strong>of</strong>fender to an appropriate sentence without delay.<br />

A person charged and found guilty <strong>of</strong> an <strong>of</strong>fence has the right not to be sentenced to a more<br />

severe punishment than was applicable when the <strong>of</strong>fence was committed: s28(1)(j) Constitution.<br />

2 Jurisdiction<br />

Resident <strong>Magistrates</strong><br />

A Resident Magistrate has jurisdiction to pass sentence up to:<br />

• a maximum 10 years imprisonment on one charge and a maximum 20 years<br />

imprisonment on two or more charges; or<br />

• a fine not exceeding $15,000; or<br />

• both: s7 CPC, as amended by s3 <strong>of</strong> the CPC (Amendment) Act 13 <strong>of</strong> 2003.<br />

Second Class <strong>Magistrates</strong><br />

Second Class <strong>Magistrates</strong> have jurisdiction to pass sentence up to:<br />

• a maximum one year imprisonment; or<br />

• a fine <strong>of</strong> $200; or<br />

• both: s8 CPC.<br />

Third Class <strong>Magistrates</strong><br />

Third Class <strong>Magistrates</strong> have jurisdiction to pass sentence up to:<br />

• a maximum six-months imprisonment; or<br />

• a fine not exceeding $100; or<br />

• both: s9 CPC.<br />

<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004

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