Fiji Magistrates Bench Book - Federal Court of Australia

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4.2 Territorial Jurisdiction Subject to any express provisions of the Magistrates’ Courts Act or any other Act, every Magistrate’s Court shall exercise jurisdiction within the limits of the division within which it is situated. When, however, there is more than one Magistrate’s Court in the same division, the Chief Justice may direct the distribution of business between such Courts: s4(1) MCA. This jurisdiction extends to any territorial or inland waters within and around the division: s4(2) MCA. Special jurisdiction exists for: • a Magistrate exercising jurisdiction over the place where a ship, boat or canoe may be at the time of a criminal offence or civil matter arose; or • a Magistrate exercising jurisdiction over the place where the vessel may call after the offence or civil matter arose: s18 MCA. Actions of, or under the authority of, a Magistrate will not be void or impeachable solely because of an error as to territorial jurisdiction: s21 MCA. Subject to the terms of their appointment, Second and Third Class Magistrates have powers to hear cases within their jurisdiction: ss8, 9 CPC. 4.3 Criminal Jurisdiction In exercising criminal jurisdiction, Magistrates have all the powers and jurisdiction conferred on them by the Criminal Procedure Code, the Magistrates Courts Act, and any other law in force: s17 MCA. All Penal Code offences are tried at the Resident Magistrate’s Court unless otherwise stated in: • the Fifth Column of the First Schedule CPC: s4(1) CPC; or • any law other than the Penal Code: s5 CPC. Resident Magistrates have power to try all offences. A High Court Judge may by order invest a Resident Magistrate’s Court with jurisdiction to try a particular offence which would otherwise be beyond its jurisdiction. However, the Magistrate may not impose a sentence which exceeds their sentencing jurisdiction: s4(2) CPC. Fiji Magistrates Bench Book April 2004
4.4 Sentencing Jurisdiction Resident Magistrates A Resident Magistrate has jurisdiction to pass sentence up to: • a maximum 10 years imprisonment on one charge; or • a fine not exceeding $15,000; or • both: s7 CPC, as amended by s3 CPC(Amendment) Act 13 of 2003. Second Class Magistrates Second Class Magistrates have jurisdiction to pass sentence up to: • a maximum one year imprisonment; or • a fine of $200; or • both: s8 CPC. Third Class Magistrates Third Class Magistrates have jurisdiction to pass sentence up to: • a maximum six-month imprisonment term not exceeding six months; or • a fine not exceeding $100; or • both: s9 CPC. 4.5 Exemptions The Magistrate’s Court shall not exercise jurisdiction: • in suits where the title to any right, duty or office is in question; • in suits where the validity of any will, testament, or bequest is in question; • in suits where the legitimacy of any person is in question; • in suits where the validity or dissolution of any marriage is in question; • in any action for malicious prosecution, libel, slander, seduction or breach of promise to marry: s16 proviso MCA as amended by s2 Magistrates’ Courts (Civil Jurisdiction) Decree 1998; • in the issuing of, or the making of orders pursuant to a writ of habeas corpus: s5 Magistrates’ Courts (Chapter14) Amendment Decree 1987 (no 16). Fiji Magistrates Bench Book April 2004
Page 1 and 2: Fiji Magistrates Bench Book Produce
Page 3 and 4: Table of Contents 1: The Law and Co
Page 5 and 6: 4 Real Evidence 5 Exhibits 6 Oral E
Page 7 and 8: 9: First Appearance 1 General 2 Non
Page 9 and 10: 13: Sentencing 1 Introduction 2 Jur
Page 11 and 12: PJEP BENCHBOOK PROJECT 2003/2004 TE
Page 13 and 14: Fiji Magistrates Bench Book April 2
Page 15 and 16: 3.1 The Fiji Constitution The first
Page 17 and 18: 4 The Branches of the State 4.1 The
Page 19 and 20: Prime Minister The Prime Minster mu
Page 21 and 22: 5 Jurisdiction Jurisdiction is the
Page 23 and 24: 2: FIJI MAGISTRATE’S COURT Fiji M
Page 25 and 26: 1 Introduction The Magistrate’s C
Page 27: • make copies of proceedings and
Page 31 and 32: in suits wherein the validity of an
Page 33 and 34: By application of a Magistrate Subj
Page 35 and 36: Fiji Magistrates Bench Book April 2
Page 37 and 38: Also, see State v Peniasi Kata Cr.
Page 39 and 40: For the defendant to have a fair tr
Page 41 and 42: An exception for the requirement fo
Page 43 and 44: 4: JUDICIAL CONDUCT Fiji Magistrate
Page 45 and 46: 1 Ethical Principles On appointment
Page 47 and 48: 1.5 “Without Fear or Favour, Affe
Page 49 and 50: d) Conflict of interest You must di
Page 51 and 52: 1. Prior notice • You should be s
Page 53 and 54: • Avoid a patronising and or undu
Page 55 and 56: 5: EVIDENCE Fiji Magistrates Bench
Page 57 and 58: 1 Introduction Evidence refers to t
Page 59 and 60: By definition, documentary evidence
Page 61 and 62: The distinction between ‘in Court
Page 63 and 64: Spouses The spouse of the defendant
Page 65 and 66: 7.3 Leading Questions A general rul
Page 67 and 68: • Sometimes the witness will show
Page 69 and 70: If the legal burden is borne by the
Page 71 and 72: In a voir dire hearing, evidence sh
Page 73 and 74: • ensure that the witness who giv
Page 75 and 76: 8.8 Character Evidence Admissibilit
Page 77 and 78: 6: CRIMINAL RESPONSIBILITY Fiji Mag
Page 79 and 80:
1 Introduction The Penal Code is th
Page 81 and 82:
An honest claim of right is when a
Page 83 and 84:
To raise a defence of accident, it
Page 85 and 86:
It is the defendant who bears the o
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3 Intoxication must also be taken i
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Compulsion by threats Compulsion by
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• Force may include killing the a
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Enabling or Aiding: s21(1)(b) Penal
Page 95 and 96:
Counselling The normal meaning of c
Page 97 and 98:
Withdrawal Sometimes there may be a
Page 99 and 100:
4.3 Accessories After the Fact: ss3
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• At least two persons must agree
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Fiji Magistrates Bench Book April 2
Page 105 and 106:
2.2 Endorsing the Criminal Evidence
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• Deal with matters that counsel
Page 109 and 110:
In the unique case of Reginam v Net
Page 111 and 112:
When the alleged offence occurs in
Page 113 and 114:
See Akuila Kuoutawa & R Labasa Crim
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12 Case Management The American Bar
Page 117 and 118:
8: PRE-TRIAL MATTERS Fiji Magistrat
Page 119 and 120:
1 The Criminal Process The followin
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In the event of a person whom such
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If the charge is defective: • ret
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3.2 Warrant of Arrest Notwithstandi
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If, in the course of trial, the evi
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Page 131 and 132:
2 Non-Appearance by the Defendant I
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Explaining the charge to the defend
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For example, on a charge of malicio
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Immediate hearing If all parties ar
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10: DEFENDED HEARINGS Fiji Magistra
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1 Magistrate’s Notes A suggestion
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2.4 Plea of Guilty to Other Offence
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A convenient test is found in the P
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5.6 Lies If it is established that
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7 Exhibits 7.1 Production Though it
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11: BAIL Fiji Magistrates Bench Boo
Page 153 and 154:
1 Introduction The Bail Act 2002 se
Page 155 and 156:
4.3 Primary Consideration The prima
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A “serious offence” is any offe
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On the granting of bail, the accuse
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6 Refusal of Bail If bail is refuse
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12: JUDGMENT Fiji Magistrates Bench
Page 165 and 166:
1 A Structured Approach to Defended
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3.1 Judgment Format The format on t
Page 169 and 170:
13: SENTENCING Fiji Magistrates Ben
Page 171 and 172:
1 Introduction At the end of a tria
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The judicial act of sentencing need
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These include the following: • pr
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7 Consideration of Other Offences W
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9 Types of Sentences 9.1 Corporal P
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9.5 Supervision As part of the prob
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Police supervision should not excee
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14: APPEALS, REVISIONS AND CASES ST
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1 Appeals The Magistrates’ Courts
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Supplementing the record In cases w
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The High Court shall hear and deter
Page 193 and 194:
Page 195 and 196:
Evidence of age In cases where the
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5 Procedure in Juvenile Courts When
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6 Sentencing of Juvenile Offenders
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6.6 Special Considerations Regardin
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16: COMMON OFFENCES Fiji Magistrate
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False Pretences Under s309(a) Secti
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False Pretences Under s309(b) Secti
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Simple Larceny (Theft) Section s259
Page 211 and 212:
The requirement of permanent depriv
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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
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Burglary Section s299 Penal Code (C
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Abuse of Office Section s111 Penal
Page 223 and 224:
Acts Intended to Cause Grievous Har
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Defences If the prosecution has pro
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Robbery Section s293(1)(a) Penal Co
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Robbery (with Violence) Section s29
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Rape Section s149 Penal Code (Cap.
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Corroboration In all sexual offence
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Indecent Assault on a Female Sectio
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Indecently Insulting or Annoying a
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Defilement of Girl under Thirteen Y
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Defilement of Girl between Thirteen
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Defilement of Female Under Severe A
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Dangerous Drugs Section s8(b), 41(2
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Causing Death by Reckless or Danger
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Receiving Stolen Property Section s
Page 251:
Sentence Like Degree The conviction
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