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Fiji Islands - Court of Appeal Digest 1991-2000 - Assessors |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Ashok Kumar & Ors v. The State
ASSESSORS
Two of 3 assessors replaced during the course of the trial-breach of Criminal Procedure Code (Cap. 21) Section 285 results in nullity- appeals allowed.
6/89
92/70
Ifereimi Kubukawa & Ors v The State
ASSESSORS
Appeals against conviction for assault on escaped prisoners-no requirement for written summing up to be delivered by trial judge-adequate direction on possibility of convicting on lesser charge-adequate direction on identification and common intention- trial judge entitled to overrule assessors-summing up to be read as a whole-appeal against conviction dismissed- appeal against sentence partly allowed.
11/89
92/334
Rajesh Nand v The State
ASSESSORS
Assessors not afforded opportunity to retire to consider the alternative charge-possibility that trial Judge prevailed upon assessors to deliver opinions of guilt - questionable prosecution case-verdict unsafe-appeal allowed.
9/92
93/58
Rajesh Prasad v The State
ASSESSORS
Appeal against conviction on grounds of bias by trial judge-shortcomings in procedure adopted by trial judge and summing up-insufficient to establish bias- assessors failed to retire to consider opinions- no requirement for retirement- appeal against conviction dismissed-appeal against sentence of 6 years imprisonment for unlawful wounding by cane knife-first offender-sentence reduced to 3 years imprisonment.
4/91
92/54
© Michael Dishington Scott 2000
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