Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
See Mark Lawrence Muteh Crim. App. AAV0060 of 1999, and Waisake Navunigasail v The State FCA AA0012/1996S. It is important, however to remember that due to the often private nature of the act, corroboration for sexual offences are much more difficult to secure than for other crimes: Sexual Offences Report, Fiji Women’s Rights Movement Draft Sexual Offences Legislation at 12. Case law See DPP v Saviriano Radovu Crim. App. No 0006 of 1996, Ratu Penioni Rokota v The State Crim. App. HAA 068 of 2002. Defences If the prosecution has proved the elements of the offence, beyond reasonable doubt, the defendant may still have a legal defence. The defendant will have to establish any defence to your satisfaction, on the balance of probabilities (i.e. more likely than not). Proof of consent to the act of indecency is no defence to the charge if the girl is under sixteen years: s154(2) Penal Code. It shall be a sufficient defence for the charge of indecent assault on a girl under sixteen years to prove that she consented to the act of indecency and the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above sixteen years: s154(3) Penal Code. Sentence Maximum five years imprisonment. Fiji Magistrates Bench Book April 2004
Indecently Insulting or Annoying a Female Section s154(4) Penal Code (Cap. 17) Description Every person is guilty of a misdemeanour who: • intending to insult the modesty or any woman or girl, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman or girl; or • intrudes upon the privacy of a woman or girl by doing an act of a nature likely to offend her modesty. Elements • The person named in the charge is the same person who is appearing in Court; • The defendant uttered a word, made a sound gesture or exhibited an object; • The defendant intended the act to be heard or seen by the woman; • The defendant intended to insult the modesty of the woman or girl. OR • The person named in the charge is the same person who is appearing in Court; • The defendant intruded upon the privacy of a woman; • The act was of a nature likely to offend her modesty. 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. Fiji Magistrates Bench Book April 2004
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Indecently Insulting or Annoying a Female<br />
Section s154(4) Penal Code (Cap. 17)<br />
Description<br />
Every person is guilty <strong>of</strong> a misdemeanour who:<br />
• intending to insult the modesty or any woman or girl, utters<br />
any word, makes any sound or gesture, or exhibits any<br />
object, intending that such word or sound shall be heard, or<br />
that such gesture or object shall be seen by such woman or<br />
girl; or<br />
• intrudes upon the privacy <strong>of</strong> a woman or girl by doing an<br />
act <strong>of</strong> a nature likely to <strong>of</strong>fend her modesty.<br />
Elements<br />
• The person named in the charge is the same person who is<br />
appearing in <strong>Court</strong>;<br />
• The defendant uttered a word, made a sound gesture or<br />
exhibited an object;<br />
• The defendant intended the act to be heard or seen by the<br />
woman;<br />
• The defendant intended to insult the modesty <strong>of</strong> the woman<br />
or girl.<br />
OR<br />
• The person named in the charge is the same person who is<br />
appearing in <strong>Court</strong>;<br />
• The defendant intruded upon the privacy <strong>of</strong> a woman;<br />
• The act was <strong>of</strong> a nature likely to <strong>of</strong>fend her modesty.<br />
Commentary<br />
Burden and standard <strong>of</strong> pro<strong>of</strong><br />
The prosecution must prove all the elements beyond reasonable<br />
doubt. If the defence establishes to your satisfaction that there is a<br />
reasonable doubt, then the prosecution has failed.<br />
Identification<br />
In <strong>Court</strong>, the prosecution should identify the person charged by<br />
clearly pointing out that person in <strong>Court</strong>.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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