Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
The prosecution must provide evidence to prove that it was the defendant who broke and entered the dwelling-house of another with intent to commit a felony or having committed a felony therein. (a): Night See definition in Chapter II of the Penal Code. Breaks and Enters Minimum interference with the building constitutes breaking. See the definition of “breaking and entering” in s297 of the Penal Code. Dwelling-House See definition in Chapter II of Penal Code. Intent to commit felony Defendant need not have actually committed a felony: See Mohammed Sahid v The State [1997] Fj Cr App 46/97. It has been held that this offence requires the mens rea of specific intent: See DPP v Solomone Tui (1975) 21 FLR 4. (b): Entered with intent See Mohammed Sahid v The State [1997] Fj Cr App 46/97. Felony See definition in Chapter II of the Penal Code. Useful case law See R v Collins [1973] QB 100. Sentence Maximum life imprisonment. Fiji Magistrates Bench Book April 2004
Abuse of Office Section s111 Penal Code (Cap. 17) Description Any person is guilty of an offence who, while employed in the public service, does or directs to be done any arbitrary act prejudicial to rights of another, in abuse of the authority of his or her office. Elements • The person named in the charge is the same person who is appearing in Court; • The defendant was employed in the public service; • The defendant did or directed to be done any arbitrary act; • The act was in abuse of the authority of his or her office; • The act was prejudicial to the rights of another. Commentary Burden and standard of proof The prosecution must prove all the elements beyond reasonable doubt. If the defence establishes to your satisfaction that there is a reasonable doubt, then the prosecution has failed. Identification In Court, the prosecution should identify the person charged by clearly pointing out that person in Court. The prosecution must provide evidence to prove that it was the defendant who did or directed the arbitrary act. DPP sanction required to bring prosecution A prosecution for this offence may only be brought with the sanction of the Director of Public Prosecutions. Person employed in the public service See definition in Chapter II of the Penal Code. See Tamaibeka v State [1999] FJCA 1; Aau0015u.97s (8th January, 1999). Arbitrary act See Tamaibeka v State [1999] FJCA 1; Aau0015u.97s (8th January, 1999). Fiji Magistrates Bench Book April 2004
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- Page 205 and 206: False Pretences Under s309(a) Secti
- Page 207 and 208: False Pretences Under s309(b) Secti
- Page 209 and 210: Simple Larceny (Theft) Section s259
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The prosecution must provide evidence to prove that it was the<br />
defendant who broke and entered the dwelling-house <strong>of</strong> another with<br />
intent to commit a felony or having committed a felony therein.<br />
(a):<br />
Night<br />
See definition in Chapter II <strong>of</strong> the Penal Code.<br />
Breaks and Enters<br />
Minimum interference with the building constitutes breaking. See<br />
the definition <strong>of</strong> “breaking and entering” in s297 <strong>of</strong> the Penal Code.<br />
Dwelling-House<br />
See definition in Chapter II <strong>of</strong> Penal Code.<br />
Intent to commit felony<br />
Defendant need not have actually committed a felony: See<br />
Mohammed Sahid v The State [1997] Fj Cr App 46/97.<br />
It has been held that this <strong>of</strong>fence requires the mens rea <strong>of</strong> specific<br />
intent: See DPP v Solomone Tui (1975) 21 FLR 4.<br />
(b):<br />
Entered with intent<br />
See Mohammed Sahid v The State [1997] Fj Cr App 46/97.<br />
Felony<br />
See definition in Chapter II <strong>of</strong> the Penal Code.<br />
Useful case law<br />
See R v Collins [1973] QB 100.<br />
Sentence<br />
Maximum life imprisonment.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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