Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
In particular, this right prevents three abuses: • a second prosecution for the same offence after acquittal; • a second prosecution for the same offence after conviction; and • multiple punishments for the same offence. Upholding this right also guarantees that a person will not be subjected to endless proceedings regarding the same set of circumstances. See Ministry of Labour v Merchant Bank of Fiji Crim App No. HAA 011 of 2002; and State v Atish Jeet Ram Crim App No. AAU004 of 1995S. Fiji Magistrates Bench Book April 2004
4: JUDICIAL CONDUCT 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 and 28: • make copies of proceedings and
- Page 29 and 30: 4.4 Sentencing Jurisdiction Residen
- 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: An exception for the requirement fo
- 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
- Page 87 and 88: 3 Intoxication must also be taken i
- Page 89 and 90: Compulsion by threats Compulsion by
- Page 91 and 92: • Force may include killing the a
4:<br />
JUDICIAL CONDUCT<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004
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