Fiji Magistrates Bench Book - Federal Court of Australia

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4.3 Accessories After the Fact: ss388 – 390 Penal Code 4.4 Conspiracy: ss385-387 Penal Code 7: Management of Proceedings 1 General Organisation for Court 2 The Evidence Sheet 2.1 General 2.2 Endorsing the Criminal Evidence Sheet 2.3 Common Abbreviations 3 Order of Calling Cases 4 Disclosure 5 Adjournments 6 The Mentally Ill Defendant 7 Cultural Knowledge 8 Victims 8.1 Checklist 8.2 Judicial Language and Comment 8.3 Victims of Sexual Offences 9 Child Witnesses 10 Unrepresented Defendants 11 Disruption and Misbehaviour 12 Case Management 8: Pre-Trial Matters 1 The Criminal Process 2 The Charge 2.1 General Requirements 2.2 Validity of the Charge 2.3 Duplicity 3 Processes to Compel the Appearance of Defendants 3.1 Summons 3.2 Warrant of Arrest 4 Transfer of Cases Fiji Magistrates Bench Book April 2004
9: First Appearance 1 General 2 Non-Appearance by the Defendant 3 Dispensing with Attendance of Defendant 4 Unrepresented Defendant 5 Putting the Charge to the Defendant 6 Reconciliation 7 Pleas 7.1 Pleas Generally 7.2 Taking the Plea 7.3 Fitness to Plead 7.4 Guilty Plea 7.5 Not Guilty Plea 8 Election 10: Defended Hearings 1 Magistrate’s Notes 2 Hearing Outline and Procedure 2.1 Appearance/ Non-Appearance of Parties 2.2 Part-Heard Applications 2.3 Admission of Facts 2.4 Plea of Guilty to Other Offence 3 Unrepresented Defendant at Trial 4 No Case to Answer 5 Evidential Matters 5.1 The Warning to a Witness Against Self-Incrimination 5.2 Identification 5.3 Evidence of Defendant and Spouse in Criminal Cases 5.4 Defendants Charged Jointly 5.5 Corroboration 5.6 Lies 6 Amending the Charge 6.1 General 6.2 Procedure 6.3 Procedure if Amended Charge is to be Heard by You 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: 4 Real Evidence 5 Exhibits 6 Oral E
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 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
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By definition, documentary evidence
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The distinction between ‘in Court
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Spouses The spouse of the defendant
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7.3 Leading Questions A general rul
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• Sometimes the witness will show
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If the legal burden is borne by the
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In a voir dire hearing, evidence sh
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• ensure that the witness who giv
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8.8 Character Evidence Admissibilit
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6: CRIMINAL RESPONSIBILITY Fiji Mag
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1 Introduction The Penal Code is th
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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
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Counselling The normal meaning of c
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Withdrawal Sometimes there may be a
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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
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2.2 Endorsing the Criminal Evidence
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• Deal with matters that counsel
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In the unique case of Reginam v Net
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When the alleged offence occurs in
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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
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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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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
Page 163 and 164:
12: JUDGMENT Fiji Magistrates Bench
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1 A Structured Approach to Defended
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3.1 Judgment Format The format on t
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13: SENTENCING Fiji Magistrates Ben
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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
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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
Page 205 and 206:
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
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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
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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
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
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Fiji Magistrates Bench Book - Federal Court of Australia

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