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Fiji Islands - Court of Appeal Digest 1991-2000 - Crime Procedure |
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.
Alifereti Naqiri v The State
CRIME: PROCEDURE
Suspect detained prior to arrest- breach of requirement of Constitution 1990 Section 6- comparison with breach of Judges' Rules- admissibility of record of interview following breach.
11/93
94/530
Amal Deo v The State
CRIME: PROCEDURE
Appeal against conviction - failure to call witness- provocation - self defence – direction to assessors on a statement from the dock – no errors by the trial Judge - appeal dismissed.
18/91
94/25
Amina Begum Koya v. The State
CRIME: PROCEDURE
Appeal against conviction for arson on "overwhelming" evidence dismissed on the merits- observations on the law of apprehended bias by pre-judgment- sentence of 3 years imprisonment reduced to 2 years on grounds of appellants infirmity.
11/96
97/136
Ashok Kumar & Ors v the State
CRIME: PROCEDURE
Two of 3 assessors replaced during the course of the trial-breach of Criminal Code (Cap.21) Section 285 results in nullity-appeals allowed.
6/89
92/70
Beniamino Naiveli v The State
CRIME: PROCEDURE
Abuse of office - requisite mental element- sufficiency of direction to assessors- suspended sentence of imprisonment- principles applicable- "special circumstances" -no suspension of imprisonment merely because consequences severe.
4/92
94/365
Bijendra Narayan v The State
CRIME: PROCEDURE
Compensation orders - basis for making- Criminal Procedure Code (Cap.21), Section 161(1)(b)
24/93
95/92
Birja Nand v. The State
CRIME: PROCEDURE
Appeal against conviction by mental patient dismissed - desirability of legal representation in serious cases - procedure to be followed where none available - appeal dismissed.
2/97
97/330
Davendra Singh v. The State
CRIME: PROCEDURE
Hospital medical report- whether admissible as a business record- Evidence Act Section 4- summing up to assessors- whether judge confined to arguments propounded by counsel- appeal dismissed- entitlement of an accused person to be provided with a copy of the record of proceedings upon request and without delay emphasised.
12/97
99/217
Dharam Deo v. The State
CRIME: PROCEDURE
Appeal against conviction for murder-whether summing up fairly put defence case- need for confession statement to be reliable as well as voluntary- appeal dismissed.
14/96
00/34
Epeli Tulaba v. The State
CRIME: PROCEDURE
Breach of requirements of Section 299 (1) of the CPC- no substantial miscarriage of justice- proviso to Section 23 of Court of Appeal Act applied.
1/98
00/374
Ganeshwar Prasad v The State
CRIME: PROCEDURE
Mere tactical error by counsel not a sufficient ground of appeal- failure by Judge properly to direct on available alternative verdict- conviction for manslaughter substituted- 8 years imprisonment imposed.
6/95
96/511
Hari Narayan v The State
CRIME: PROCEDURE
Appeal against conviction for murder alleging various misdirections dismissed.
30/90
93/34
Eminoni Vakarusabola Koroi v The State
CRIME: PROCEDURE
Appeal against conviction for murder alleging various misdirections and improprieties dismissed- appeal against sentence dismissed but minimum imprisonment recommendation reduced from 20 to 14 years.
4/90
92/397
Ifereimi Kubukawa & Ors v The State
CRIME: PROCEDURE
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
Iowane Taroga v. The State
CRIME: PROCEDURE
Failure by trial Judge to address assessors on realistic possibility of alternative verdict- convictions quashed- retrial ordered.
4 /98
7/98
00/108
Isimeli Salabogi & Ors v The State
CRIME: PROCEDURE
Identification by photographs - no adequate direction to assessors - convictions quashed - retrial ordered - appeal against sentence of 8 years for "gang rape" dismissed.
6, 7, 10/94
95/228
Jay Mati v. The State
CRIME: PROCEDURE
Trial within trial- assessors present in court- although not normal practice no mistrial-failure by trial judge to comply with Criminal Procedure Code section 155(1)-in circumstances not a fatal defect-judge having disbelieved the accused and admitted disputed confession statement overruled unanimous opinion of not guilty -substantial miscarriage of justice-appeal against conviction allowed.
1/91
92/223
Jeffrey Sebastian Corrie v The State
CRIME: PROCEDURE
NTR
14/91
92/40
Jonati Cama v The State
CRIME: PROCEDURE
Committal to High Court for sentence – failure by Resident Magistrate to consider character and antecedents of accused - committal void- sentence set aside – accused remitted to Magistrates’ Court for re-sentencing - C.P.C. (Cap.21), Section 222(1).
17/94
95/158
Josaia Lutunatabua v. The State
CRIME: PROCEDURE
Rape- appeal against conviction in face of “overwhelming” evidence dismissed- duty of Registry to supply record for appeal purposes as a matter of urgency- appeal against sentence of 8 years imprisonment dismissed.
3/96
99/152
Josefata Vakarorogo v The State
CRIME: PROCEDURE
Appeals against conviction dismissed on the facts- appeal against sentence of 8 years imprisonment for rape dismissed.
9J/94
94/525
Josese Togava & Ors v. The State
CRIME: PROCEDURE
Rape - appeals against conviction – material non direction- convictions quashed - whether to order retrial - discussion of principles – retrial ordered (majority decision).
6/90
91/42
Kitione Koroilagilagi v The State
CRIME: PROCEDURE
Unrepresented accused - failure to comply with committal procedures - committal a nullity - conviction quashed - C.P.C. (Cap.21)- Sections 224, 255 proviso.
14/94
95/376
Kuar Singh v The State
CRIME: PROCEDURE
Appeal against murder conviction- whether judge wrong to admit confessions - doctrine of oppression discussed- appeal dismissed.
1/92
96/178
Kuliniasi Vasu v The State
CRIME: PROCEDURE
Correct and adequate warning given on identification evidence-appeal against sentence of 6 years imprisonment against conviction dismissed-appeal against conviction for rape dismissed.
18/90
92/15
Kuruka Bogiwalu & Ifereimi Nakauta v The State
CRIME: PROCEDURE
Appeals against conviction and sentence dismissed on the facts - observations on the recording of unequivocal pleas and whether question of law raised.
6/96
98/207
Litiwai Setevano v. The State
CRIME: PROCEDURE
Murder-appeal against conviction – trial Judge overruling unanimous opinion of three assessors- reasons for doing so must be cogent and clearly stated - burden of proof in trial within trial- shortcomings of identification evidence - failure by trial Judge properly to direct assessors - appeal allowed - conviction quashed.
14/89
91/58
Lote Ratu v. The State
CRIME: PROCEDURE
Appeal against conviction and sentence for robbery with violence dismissed.
23/90
92/21
Maciu Gonevou v The State
CRIME: PROCEDURE
No sufficient or adequate direction on corroboration- medical report admitted in breach of Section 191 of the Criminal Procedure Code(Cap.21) - conviction quashed - new trial ordered.
12/92
94/34
Mark Lawrence Mutch v. The State
CRIME: PROCEDURE
Appeal against dismissal by High Court of judicial review of order of committal by Magistrates’ Court- High Court proceedings criminal in nature accordingly no right of appeal to the Court of Appeal.
25/98
99/354
Mesake Sesenabaravi v The State
CRIME: PROCEDURE
Trial Judge overruling assessors and convicting - effect of failure to explain finding that absence of self-defence - cogent reasons must be given for overruling assessors - appeal allowed.
1/94
94/542
Nasoni Tamani v. The State
CRIME: PROCEDURE
Trial for robbery with violence- accused not invited to address assessors- procedural defect but proviso applied- serious planned robbery with use of firearm- guidelines- appeal against 8 years imprisonment dismissed.
14/98
99/406
Osea Baleasavu v. The State
CRIME: PROCEDURE
Appeal against sentence to High Court- sentence increased by High Court- procedure unfair- relevance of period "under lock and key" when imposing sentence-appeal allowed.
15/91
92/1
Rajend Kumar v The State
CRIME: PROCEDURE
Appeal against sentence of 7 years imprisonment dismissed-whether trial judge entitled to take in account contents of written statements tendered at committal hearing- Criminal Procedure Code (Cap.21) section 255-observations on the role of DPP and jurisdiction of the Court.
5/92
93/358
Rajesh Nand v The State
CRIME: PROCEDURE
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
CRIME: PROCEDURE
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
Raj Kumar v. The State
CRIME: PROCEDURE
Dangerous drugs- short service of analyst’s report- no substantial miscarriage of justice- appeal dismissed.
6/98
00/389
Ramesh Patel v. The State
CRIME: PROCEDURE
Electable Offences Decree 1988; Section 4- appeal against Chief Magistrates refusal to commit for trial in the High Court – whether High Court has jurisdiction - proceedings in Magistrates’ Court stayed - the Court of Appeal has no jurisdiction to entertain an appeal against such a stay - application dismissed.
17/96
97/51
Ramesh Patel v. The State
CRIME: PROCEDURE
Whether appeals from Magistrates’ Courts lie before the final determination of the case- rights of prosecution to appeal bail decisions in the Magistrates’ Courts- relationship between Electable Offences Decree 1988 Section 4 and CPC Section 20 considered - appeals against stay orders dismissed.
17/96 & 1/97
97/288
Ratu Ovini Bokini v. The State
CRIME: PROCEDURE
Jurisdiction of High Court to hear interlocutory appeals from the Magistrates’ Court- only serious appeals to be entertained- general supervisory role of High Court- test for presumed bias- summary power of punishing for contempt to be used sparingly- appeals dismissed.
123/99
99/388
Ravin Chand v. The State
CRIME: PROCEDURE
Before a sentence of imprisonment is imposed in the place of an absolute discharge a conviction must first be entered - if the conviction occurs during the operational period of a suspended sentence then Section 30 (1) of the Penal Code applies.
19/98
99/118
Rohit Ram Latchan v. The State
CRIME: PROCEDURE
Proper construction of Criminal Procedure Code (Cap 21) Section 210 - appeal against order of acquittal - retrial cannot be ordered - Section 319 (1)- driving without licence or insurance - accused's burden of proof - "outrageous" delays deplored.
15/96
97/598
Sayed Mukhtar Shah v. Elizabeth Rice
CRIME: PROCEDURE
Costs in criminal appeal to High Court- how far available- magistrate wrongly initiating contempt proceedings- whether indemnity costs available- order for costs varied.
7/97
99/380
Sekove Vatuabete v. The State
CRIME: PROCEDURE
Failure by magistrate to consider adjourning a trial to enable defence witness to be called- failure to consider Section 211 (2) of the Penal Code - conviction quashed- retrial ordered.
18/98
99/106
Senibua Sokoyawa v The State
CRIME: PROCEDURE
Murder - appeal against improper directions as to corroboration - observations on essential requirements of summing up - no miscarriage of justice- appeal dismissed.
8/95
96/288
Sevuloni Tora v The State
CRIME: PROCEDURE
NTR
20/94
95/138
Shiu Sami v The State
CRIME: PROCEDURE
Unrepresented accused- whether failure to comply with committal procedures - C.P.C. (Cap 21)-Sections 229, 230(1), 256 held to be directory and not mandatory- appeal against 5 years imprisonment for conviction of committing grievous harm with intent dismissed.
7/95
96/1
Subash Chandra & Anr v The State
CRIME: PROCEDURE
Murder-appeal against conviction-defence of mistaken identity-benefit of doubt given to first appellant- first appellant's conviction quashed-second appellant's appeal dismissed.
25/90
92/103
Suruj Prasad v The State
CRIME: PROCEDURE
If the prosecution intends to invite the fact finder to disbelieve the accused's evidence then the accused must be cross-examined.
19/97
98/44
Tevita Ledua v. The State
CRIME: PROCEDURE
Although the CPC does not specifically allow it there is no objection to the filling of a second information against an accused with the leave of the Court- sentence reduced to make allowance for period spent in custody on remand- delay in committal to High Court criticised.
14/99
00/52
Tevita Rosadriwa v. The State
CRIME: PROCEDURE
No separate representation for the Accused at their trial - convictions quashed – retrial ordered.
1/96
97/1
The State v Atish Jeet Ram; & Chandra Kumar Sami v. The State
CRIME: PROCEDURE
Summing up- incorrect direction to assessors on questions of reasonable doubt and probable consequences of unlawful purpose- failure to direct on possibility of manslaughter verdict- first appeal allowed- retrial ordered. Appeal against acquittal- overruling assessors- need for cogent reasons- Judge's assessment of credibility of evidence unseen by assessors- whether proper basis to overrule- retrial ordered.
4/95
98/1
The State v. Humphrey Kamsoon Chang
CRIME: PROCEDURE
Appeal against acquittal-whether information defective-Penal Code (Cap.17) section 106(a)- Criminal Procedure Code (Cap.21) sections 119, 122,274-power to amend-appeal dismissed.
24/91
92/407
The State v Josefa Nata
CRIME: PROCEDURE
Power of Magistrates’ Courts to make suppression orders - limitations thereto - appeal dismissed.
10/95
96/166
Timoci Momotu v The State
CRIME: PROCEDURE
Committal to High Court for sentence - jurisdiction of High Court - C.P.C. (Cap.21) Section 222- requirement that Magistrates consider character and antecedents of accused before committing -duty of prosecution to consider request for immediate committal in rape cases. (majority decision).
18/94
95/41 95/57
Vicky Ram v. The State
CRIME: PROCEDURE
Failure by trial magistrate adequately to evaluate to evaluate identification evidence- no Turnbull warning- conviction unsafe- appeal allowed.
8/99
99/259
Vilikesa Dobui v. The State
CRIME: PROCEDURE
Right of appeal to High Court following equivocal plea of guilty in Magistrates’ Court- whether available- whether revisional powers of High Court exercisable- CPC SS. 309(1), 325(5).
2/99
99/313
Waisake Navunigasau v. The State
CRIME: PROCEDURE
Trial - previous convictions of accused reported- subsequent procedure to be followed – Judges Rules- breach of principle (d) – need for corroboration – appeals as to conviction and sentence partly allowed - 9 years imprisonment for rape of daughter upheld.
12/96
97/531
Waisake Tuimereke & Apenisa Ralulu v The State
CRIME: PROCEDURE
Robbery with violence- appeals against conviction- when fresh evidence admissible on appeal- previous inconsistent statement- whether directions appropriate- identification evidence- whether satisfactory- appeal against conviction dismissed- appeal against 5 years imprisonment dismissed.
11/97
98/333
Waisale Rokotuiwai v. The State
CRIME: PROCEDURE
The DPP has power to file a second information based on the same committal proceedings against an accused- CPC Section 248 (1)- Interpretation Act Section 35.
28/98
99/253
Wilisoni Tamaibeka v. The State
CRIME: PROCEDURE
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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