Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book April 2004
Indecent Assault on a Female Section s154 Penal Code (Cap. 17) Description Every person is guilty of a felony who unlawfully and indecently assaults any woman or girl. Elements • The person named in the charge is the same person who is appearing in Court; • The defendant assaulted a woman or girl; • The assault was unlawful and indecent. 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 indecently assaulted a woman or girl. Indecent The term indecent is not defined in legislation, but it has generally been taken to mean “offensive to the contemporary standards of modesty and privacy”: See R v Court [1988] 2 All ER 221. Mens rea The mens rea necessary for indecent assault is that the defendant intended to commit an assault which is indecent by the community standards. Corroboration In all sexual offences a corroboration warning must be given. This is not part of the statutory provisions, but has developed as a requirement under the rules of common law. It requires that the judge when directing the jury, instruct them that it is dangerous to convict the defendant on the uncorroborated evidence of the complainant. Fiji Magistrates Bench Book April 2004
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- Page 209 and 210: Simple Larceny (Theft) Section s259
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- Page 227 and 228: Robbery Section s293(1)(a) Penal Co
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- Page 233: Corroboration In all sexual offence
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- Page 245 and 246: Dangerous Drugs Section s8(b), 41(2
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<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004