Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
Sentence Maximum life imprisonment. The attempt is a misdemeanour with maximum five years imprisonment. Fiji Magistrates Bench Book April 2004
Defilement of Girl between Thirteen and Sixteen Years Section s156(1)(a) Penal Code (Cap. 17) Description Every person is guilty of a misdemeanour who has, or attempts to have, unlawful carnal knowledge of any girl above the age of thirteen and below the age of sixteen. Elements • The person named in the charge is the same person who is appearing in court; • The defendant had, or attempted to have, unlawful carnal knowledge of a girl; • The girl was above the age of thirteen and below the age of sixteen. 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 had or attempted to have carnal knowledge of the girl. It shall be a sufficient defence to any charge under subsection (a) if it shall be made to appear to the Court that the person so charged had reasonable cause to believe and did in fact believe that the girl was or above the age of sixteen: s156 Penal Code. No prosecution for this offence shall be commenced more than twelve months after the commission of the offence: s156(2) Penal Code. It is no defence to prove that the girl consented to the act: s156(3) Penal Code. Fiji Magistrates Bench Book April 2004
- Page 189 and 190: Supplementing the record In cases w
- Page 191 and 192: The High Court shall hear and deter
- Page 193 and 194: Fiji Magistrates Bench Book April 2
- Page 195 and 196: Evidence of age In cases where the
- Page 197 and 198: 5 Procedure in Juvenile Courts When
- Page 199 and 200: 6 Sentencing of Juvenile Offenders
- Page 201 and 202: 6.6 Special Considerations Regardin
- Page 203 and 204: 16: COMMON OFFENCES Fiji Magistrate
- 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
- Page 211 and 212: The requirement of permanent depriv
- Page 213 and 214: Conversion Under s279(1)(a) Section
- Page 215 and 216: Conversion Under s279(1)(b) Section
- Page 217 and 218: Conversion Under s279(1)(c) Section
- Page 219 and 220: Burglary Section s299 Penal Code (C
- Page 221 and 222: Abuse of Office Section s111 Penal
- Page 223 and 224: Acts Intended to Cause Grievous Har
- Page 225 and 226: Defences If the prosecution has pro
- Page 227 and 228: Robbery Section s293(1)(a) Penal Co
- Page 229 and 230: Robbery (with Violence) Section s29
- Page 231 and 232: Rape Section s149 Penal Code (Cap.
- Page 233 and 234: Corroboration In all sexual offence
- Page 235 and 236: Indecent Assault on a Female Sectio
- Page 237 and 238: Indecently Insulting or Annoying a
- Page 239: Defilement of Girl under Thirteen Y
- Page 243 and 244: Defilement of Female Under Severe A
- Page 245 and 246: Dangerous Drugs Section s8(b), 41(2
- Page 247 and 248: Causing Death by Reckless or Danger
- Page 249 and 250: Receiving Stolen Property Section s
- Page 251: Sentence Like Degree The conviction
Sentence<br />
Maximum life imprisonment.<br />
The attempt is a misdemeanour with maximum five years<br />
imprisonment.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
Change language