Fiji Magistrates Bench Book - Federal Court of Australia

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8.3 Judicial Notice The doctrine of judicial notice allows the Court to treat a fact as established in spite of the fact that no evidence has been introduced to establish it. The purpose of this rule is to save the time and expense of proving self-evident or well-established facts. As an example, the judiciary may treat the political events of May 19, 2000 as well-known and dispense with proof of them in each case. 8.4 Admissibility of Evidence At any time during the course of the proceedings, there may be questions or objections as to the admissibility of evidence. If there are questions or objections to the admissibility of evidence, the parties will be called upon to make submissions to the Court and it is up to you to rule on whether the evidence should be admitted or excluded, according to the common law and statutory rules which have been developed. The submissions on the admissibility of evidence should be dealt with in the following manner: • The party objecting must state the grounds of the objection. • The other party must be given an opportunity to reply. • In cases where the defendant is unrepresented, you should instruct him or her to try and see a solicitor to represent him or her on this matter. • You should then rule on the objection. • If you disallow the objection, counsel may ask that the objection be noted. • If you allow the objection and hold that evidence to be inadmissible, you must take great care to disregard that part when making your decision at the conclusion of the hearing. • In your decision at the conclusion of the case, you should record the objections to evidence and whether you ruled the evidence admissible or inadmissible and on what basis. Hearings on the voir dire In some circumstances, a voir dire will be required to determine the admissibility of evidence. Voir dire literally means a trial within a trial. It is the procedure whereby the Court stops the main proceedings to hold a special hearing to determine whether certain items of evidence are admissible for the purpose of proving or disproving disputed facts. Fiji Magistrates Bench Book April 2004
In a voir dire hearing, evidence should be limited to matters relevant to the admissibility of the disputed evidence. In trials for indictable offences, a voir dire may be held to determine: • the competency of a witness; or • the admissibility of a confession or some other variety of admissible hearsay such as a dying declaration; or • the admissibility of a tape recording; or • the admissibility of a plea of guilty against a defendant who subsequently changes his or her plea to not guilty. As to how to conduct a voir dire in the Magistrate’s Court, see Vinod Kumar v State FCA Crim App AAU 0024/00, which set out the following procedures: • Obtain from the defendant at the beginning of the trial the precise nature of the disputed statement. • The prosecution calls its witnesses regarding the taking of the caution statement. • The defendant is given the opportunity to give evidence exclusively on the taking of the caution statement. • The defendant calls his or her witnesses. • The Court rules on admissibility. • The prosecution is invited to close its case – no case to answer submission. • If there is a case to answer, the defendant does not lose the right of election. • Determine what weight is to be placed on the evidence as a whole, including the interview statement. • Deliver judgment. As to the test for admissibility of confessions, see Simon Mow v State Crim App 60/2000; State v Mul Chand Crim Case 3/99; Suren Singh & Ors Crim App 79/2000; R v Smith (1991) 1SCR 714; R v Black (1989) 2SCR 138. Relevance The cardinal rule regarding the admissibility of evidence is that, subject to the exclusionary rules, all evidence that is sufficiently relevant to the facts in issue is admissible, and all evidence which is irrelevant or insufficiently relevant to the facts in issue should be excluded. Relevant evidence means evidence which makes the matter which requires proof more or less probable. Relevance is a question of degree and will have to be determined by you, according to the common law rules of evidence and according to specific facts in the case at hand. Fiji Magistrates Bench Book April 2004
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Fiji Magistrates Bench Book Produce
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Table of Contents 1: The Law and Co
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4 Real Evidence 5 Exhibits 6 Oral E
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9: First Appearance 1 General 2 Non
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13: Sentencing 1 Introduction 2 Jur
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PJEP BENCHBOOK PROJECT 2003/2004 TE
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Fiji Magistrates Bench Book April 2
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3.1 The Fiji Constitution The first
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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
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: If the legal burden is borne by the
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
Page 93 and 94: 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
Page 101 and 102: • At least two persons must agree
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Page 105 and 106: 2.2 Endorsing the Criminal Evidence
Page 107 and 108: • 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
Page 115 and 116: 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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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
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1 Introduction The Bail Act 2002 se
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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
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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
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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
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The requirement of permanent depriv
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Conversion Under s279(1)(a) Section
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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
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Causing Death by Reckless or Danger
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Receiving Stolen Property Section s
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Sentence Like Degree The conviction
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