Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
Proceedings despite no action against principal offender A prosecution may be proceeded with and an defendant may be convicted on this charge whether or not the principal offender has or has not been convicted, or is or is not amenable to justice: s313(3) Penal Code. Evidence of similar fact For the charges of receiving property knowing it to have been stolen or for having possession of stolen property, for the purposes of proving guilty knowledge, evidence may be given at any stage of the proceedings: • of the fact that other property stolen within the period of 12 months preceding the date of the offence charged was found or had been in the defendant’s possession; and • of the fact that within the five years preceding the date of the offence charged the defendant was convicted of any offence involving fraud or dishonesty, if: seven days notice in writing has been given to the offender that proof of such previous conviction is intended to be given; and evidence has been given that the property in respect of which the offender being tried was found or had been in his possession: s315 Penal Code. Felony See definition in Chapter II of the Penal Code. Misdemeanour See definition in Chapter II of the Penal Code. Useful case law See Griffiths Case (1974) 60 Cr App R 40. 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). Fiji Magistrates Bench Book April 2004
Sentence Like Degree The conviction for this offence is of the like degree as the means in which the property was obtained, whether by felony or misdemeanour: s313 Penal Code. Maximum 14 years imprisonment for conviction on felony. Maximum seven years imprisonment for conviction on misdemeanour. Fiji Magistrates Bench Book April 2004
- 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 and 240: Defilement of Girl under Thirteen Y
- Page 241 and 242: Defilement of Girl between Thirteen
- 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: Receiving Stolen Property Section s
Sentence<br />
Like Degree<br />
The conviction for this <strong>of</strong>fence is <strong>of</strong> the like degree as the means in<br />
which the property was obtained, whether by felony or<br />
misdemeanour: s313 Penal Code.<br />
Maximum 14 years imprisonment for conviction on felony.<br />
Maximum seven years imprisonment for conviction on<br />
misdemeanour.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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