Fiji Magistrates Bench Book - Federal Court of Australia

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However, if during the course of the robbery, Steven shoots and kills the shopkeeper, Steven will be liable as the principal offender for killing the shopkeeper. Whether Mosese will be held liable for killing the shopkeeper, which was not part of the common purpose of robbing the shop, will depend on whether Mosese knew or ought to have known that killing the shopkeeper would be a probable consequence of robbing the shop. If Mosese knew or ought to have known that killing the shopkeeper was a probable consequence of carrying out the common purpose of robbing the shop, he will be liable for the killing as a secondary party under s22 Penal Code. Both Mosese and Steven will be jointly charged with murder under s22 Penal Code and the relevant provisions for murder. The Elements for Prosecution of a Common Purpose • A common intention between the defendant. • Carrying out an unlawful purpose. • An offence is committed while carrying out that unlawful purpose. • The offence is a probable consequence arising from carrying out the unlawful purpose. Points to note from R v Peter Fitali (Unrep. Criminal Case No. 39 of 1992) are: • there should be a joint enterprise or unlawful purpose; and • the defendants were all parties to the joint enterprise; and • the acts of the defendant were done in furtherance of that joint enterprise. Points to note from R v Ben Tungale & Others (Unrep. Criminal Case No. 12 of 1997) are: • each person involved in the joint enterprise is criminally responsible for the acts of the others when the acts are done in the pursuance of the joint enterprise; • criminal responsibility extends to any unusual consequences which arise out of the joint enterprise; and • each one is not liable if one of them acts beyond what was expressly or tacitly agreed to as part of the joint enterprise. See also R v Anderson and Morris (1966) 1QB 110; Police v Faisaovale and others (1975) WSLR 118; Chan Wing-sui v R [1984] 3 All ER 877; R v Hyde [1990] 3 All ER 892. Fiji Magistrates Bench Book April 2004
4.3 Accessories After the Fact: ss388 - 390 Penal Code A person is said to be an accessory after the fact to an offence when he or she: • has knowledge that a person is guilty of an offence; and • receives or assists another so that he or she is able to escape punishment: s388 Penal Code. Any person who becomes an accessory after the fact to a felony, is guilty of a felony, and shall be liable to imprisonment for three years if no other punishment is available: s389 Penal Code. Any person who becomes an accessory after the fact to a misdemeanour, is guilty of a misdemeanour: s390 Penal Code. A person does not become an accessory after the fact for an offence of their spouse if they • receive or assist the spouse in order to help the spouse escape punishment; or • receive or assist, in the presence and authority of their spouse, another person who is guilty of an offence the spouse took part in: s388 Penal Code. The Elements for Accessories After the Fact • The principal offender was guilty of a felony. • The defendant knew of the principal offender’s guilt. • The defendant received or assisted the principal offender. • The defendant received or assisted the principal offender in order to enable the principal to escape punishment. Points to note • The principal offender received or assisted must have been guilty of a felony. • The assistance must be given to the felon personally. • The assistance must be given in order to prevent or hinder him or her from being apprehended or being punished. Assistance given indirectly or for motives other than hindering arrest of the principal offender, such as avoiding arrest him or herself or to make money for him or herself, would not make the person guilty as an accessory after the fact: Sykes v Director of Public Prosecutions (1961) 45 CrAppR 230. 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
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Prime Minister The Prime Minster mu
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5 Jurisdiction Jurisdiction is the
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2: FIJI MAGISTRATE’S COURT Fiji M
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1 Introduction The Magistrate’s C
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• make copies of proceedings and
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4.4 Sentencing Jurisdiction Residen
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in suits wherein the validity of an
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By application of a Magistrate Subj
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Also, see State v Peniasi Kata Cr.
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For the defendant to have a fair tr
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An exception for the requirement fo
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4: JUDICIAL CONDUCT Fiji Magistrate
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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
Page 93 and 94: Enabling or Aiding: s21(1)(b) Penal
Page 95 and 96: Counselling The normal meaning of c
Page 97: Withdrawal Sometimes there may be a
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
Page 121 and 122: In the event of a person whom such
Page 123 and 124: If the charge is defective: • ret
Page 125 and 126: 3.2 Warrant of Arrest Notwithstandi
Page 127 and 128: If, in the course of trial, the evi
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Page 131 and 132: 2 Non-Appearance by the Defendant I
Page 133 and 134: Explaining the charge to the defend
Page 135 and 136: For example, on a charge of malicio
Page 137 and 138: Immediate hearing If all parties ar
Page 139 and 140: 10: DEFENDED HEARINGS Fiji Magistra
Page 141 and 142: 1 Magistrate’s Notes A suggestion
Page 143 and 144: 2.4 Plea of Guilty to Other Offence
Page 145 and 146: A convenient test is found in the P
Page 147 and 148: 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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