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Fiji Islands - Court of Appeal Digest 1991-2000 - Crime Offences |
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.
Akapusi Ledua v The State
CRIME: OFFENCES
N.T.R.
17/95
96/436
DPP v. Livai Matatulu
CRIME: OFFENCES
Nolle prosequi entered by DPP in private prosecution- only subject to judicial review in exceptional circumstances- whether false statements in an affidavit may lead to a conviction for perjury.
45/98
99/67
Jone Erenio v. The State
CRIME: OFFENCES
NTR
19/91
92/10
Michael Desmond Benefield v The State
CRIME: OFFENCES
Fraudulent conversion-appeal against conviction- mere withdrawal from solicitor's trust fund not sufficient proof of fraudulent intention-hostile witness- no application by prosecution to treat as such-prior inconsistent statement of no probative value- misdirection to assessors- appeal allowed.
8/89
92/352
Pene Erenio v. The State
CRIME: OFFENCES
NTR
19/91
92/10
Ramesh Chand v. The State
CRIME: OFFENCES
Second appeal against conviction for obtaining money by false pretences-Penal Code (Cap.17) Section 309(a)-alleged equivocal plea-mitigation by counsel could not alter fact of criminal behaviour- appeal without merit dismissed.
17/91
92/91
Savenaca Pe v The State
CRIME: OFFENCES
Robbery with violence- s.293(1) (a) (b) of Penal Code (Cap 17) - whether judge had properly directed assessors as to their duties and circumstantial evidence - appeal dismissed.
3/95
96/202
Savenaca Waqatabu v. The State
CRIME: OFFENCES
NTR
17/90
92/13
Sunia Banuve v The State
CRIME: OFFENCES
Appeals against conviction dismissed on the facts.
1/95
96/459
The State v. Afasio Mua & Ors
CRIME: OFFENCES
Sedition-Penal Code (Cap.17) sections 66 (1) (a) and 65 (1)(iv)-whether incitement to violence a necessary ingredient of the offence- observations on rules on statutory interpretation- Constitution of Fiji section 13 (2)(a)-observations on approach to be adopted by the Court to prosecutions for sedition- appeal allowed.
16/91
92/413
The State v Apolosa Rainima
CRIME: OFFENCES
Appeal against acquittal - failure by trial Judge to direct assessors that open to them to find attempt - Criminal Procedure Code (Cap.21)Section 170 - Penal Code(Cap.8)Section 151 - conviction for attempted rape entered - matter remitted to High Court for sentence.
2/94
94/377
The State v. Sefanaia Bilovucu
CRIME: OFFENCES
Abortion-appeal against acquittal after trial- Tabua ingredients of section 172 of the Penal Code (Cap.17) how far mental and physical consequences of continuation of pregnancy relevant -meaning of "unlawfully"-not limited to preservation of life - appeal dismissed.
6/91
92/312
Tomasi Kubunavanua v The State
CRIME: OFFENCES
Abuse of office-Penal Code (Cap.17) section 111- whether an ingredient of offence prejudice to other police officers' rights-meaning of expression- appeal dismissed.
8B/92
93/38
Vijay Krishna Goundar v. The State
CRIME: OFFENCES
Appeals against conviction for murder dismissed on the facts.
10/96
00/407
Vilive Tubuna v. The State
CRIME: OFFENCES
NTR
31/99
00/141
Wilisoni Tamaibeka v. The State
CRIME: OFFENCES
Significant weaknesses in the prosecution case- duty of trial Judge to disagree with assessors finding guilt - abuse of authority - matters required to be proved - approval of loans by Public Trustee clearly in breach of his duties- whether evidence of dishonesty- whether prejudicial to rights of another- summing up not fair and objective- conviction quashed.
15/97
99/16
© Michael Dishington Scott 2000
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