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Fiji Consolidated Legislation |
LAWS OF FIJI
CHAPTER 17
ARRANGEMENT OF SECTIONS
PART I-GENERAL PROVISIONS
CHAPTER I-PRELIMINARY
SECTION
1.
Short
title.
2.
Saving of certain laws.
CHAPTER II-INTERPRETATION
3.
General rule of
construction.
4.
Definition of certain expressions and terms.
CHAPTER III-TERRITORIAL APPLICATION OF THIS CODE
5.
Extent of jurisdiction of Fiji
Courts.
6.
Offences committed partly within and partly beyond the
jurisdiction.
CHAPTER IV-GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
7.
Ignorance of
law.
8.
Bona
fide claim
of
right.
9.
Intention and
motive.
10.
Mistake of
fact.
11.
Presumption of
sanity.
12.
Insanity.
13.
Intoxication.
14.
Immature
age.
15.
Judicial
officers.
16.
Compulsion.
17.
Defence of person or
property.
18.
Use of force in effecting
arrest.
19.
Compulsion by
husband.
20.
Person not to be punished twice for same offence.
CHAPTER V-PARTIES TO OFFENCES
21.
Principal
offenders.
22.
Offences committed by joint offenders in prosecution of common
purpose.
23.
Counselling another to commit an offence.
CHAPTER VI-PUNISHMENTS
24.
Sentence of
death.
25.
Persons under 18 not to be sentenced to
death.
26.
Record and report to be sent to Governor
General.
27.
Procedure where woman convicted of capital offence alleges she is
pregnant.
28.
Imprisonment.
29.
Suspended sentences of
imprisonment.
30.
Power of court on conviction of further offence to deal with suspended
sentence.
31.
Court by which suspended sentence is to be dealt
with.
32.
Discovery of further
offences.
33.
Minimum period on sentence of imprisonment for
life.
34.
Corporal
punishment.
35.
Fines.
36.
Distress.
37.
Suspension of execution of sentence of imprisonment in default of
fine.
38.
Commitment in lieu of
distress.
39.
Payment after
commitment.
40.
Payment after issue of warrant but before
commitment.
41.
Security for keeping the
peace.
42.
Security for coming up for
judgment.
43.
Provisions of Criminal Procedure Code relating to recognisance to
apply.
44.
Absolute and conditional
discharge.
45.
Issue of warrants and errors in orders or
warrants.
46.
Police
supervision.
47.
General punishment for
misdemeanours.
48.
Escaped convicts to serve unexpired sentences when
recaptured.
49.
Forfeiture,
PART II-CRIMES
Division I-Offences against Public Order
CHAPTER
VII-TREASON AND OTHER OFFENCES AGAINST
THE
SOVEREIGN'S
AUTHORITY
50.
Treason by the law of
England.
51.
Instigating
invasion.
52.
Misprision of
treason.
53.
Treasonable
felonies.
54.
Limitations as to trial for treason. misprision of treason, or treasonable
felonies.
55.
Inciting to
mutiny.
56.
Aiding soldiers or policemen in acts of
mutiny.
57.
Inducing soldiers or policemen to
desert.
58.
Aiding prisoners of war to
escape.
59.
Definition of overt
acts.
60.
Definitions for purposes of sections relating to sedition,
etc.
61.
Power to prohibit importation of
publication.
62.
Offences in relation to publications, the importation of which is
prohibited.
63.
Delivery of prohibited publication to police
station.
64.
Power to examine
packages.
65.
Seditious
intention.
66.
Seditious
offences.
67.
Suspension of newspaper containing seditious
matter.
68.
Power of Court to prohibit circulation of seditious publications.
CHAPTER VIII-GENOCIDE
69.
Genocide.
CHAPTER
IX-OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES
AND
EXTERNAL
TRANQUILLITY
70.
Defamation of foreign
princes.
71.
Foreign
enlistment.
72.
Piracy.
73.
Hijacking.
74.
Other offences committed in the course of
hijacking.
75.
Aircraft operated by joint or international
organisation.
76.
Aircraft
sabotage.
77.
Prosecution of
offences.
78.
Definition of State.
CHAPTER
X-UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES
AGAINST
PUBLIC
TRANQUILLITY
79.
Unlawful
society.
80.
Managing unlawful
society.
81.
Being member of unlawful
society.
82.
Prosecutions under sections 80 and
81.
83.
Power of entry, arrest, search,
etc.
84.
Declaration by
Minister.
85.
Forfeiture of insignia,
etc.
86.
Definition of unlawful assembly and
riot.
87.
Punishment of unlawful
assembly.
88.
Punishment of
riot.
89.
Making proclamation for rioters to
disperse.
90.
Dispersion of rioters after proclamation
made.
91.
Rioting after
proclamation.
92.
Preventing or obstructing the making of
proclamation.
93.
Rioters, demolishing buildings,
etc.
94.
Rioters damaging buildings, machinery,
etc.
95.
Riotously interfering with railway, vehicle or
vessel.
96.
Prohibition of the carrying of offensive weapons without lawful authority or
reasonable
excuse.
97.
Prohibition on manufacture, sale, etc. of flick knives, gravity knives and
knuckle
dusters.
98.
Going armed in
public.
99.
Forcible
entry.
100.
Forcible
detainer.
101.
Affray.
102.
Challenge to fight a
duel.
103.
Threatening
violence.
104.
Assembling for the purpose of
smuggling.
105.
Throwing or projecting objects.
Division II-Offences Against the Administration of Lawful Authority
CHAPTER XI-CORRUPTION AND THE ABUSE OF OFFICE
106.
Official
corruption.
107.
Extortion by public
officers.
108.
Public officers receiving property to show
favour.
109.
Officers charged with administration of property of a special character or with
special
duties.
110.
False claims by
officials.
111.
Abuse of
office.
112.
False certificates by public
officers.
113.
Unauthorised administration of
oaths.
114.
False assumption of
authority.
115.
Personating public
officers.
116.
Threats of injury to persons employed in public service.
CHAPTER XII-PERJURY AND FALSE STATEMENTS AND DECLARATIONS
117.
Perjury.
118.
False statements on oath made otherwise than in a judicial
proceeding.
119.
False statements, etc. with reference to
marriage.
120.
False statements, etc. as to births or
deaths.
121.
False statutory declarations and other false statements without
oath.
122.
False declarations, etc. to obtain registration, etc. for carrying on a
vocation.
123.
Aiders abettors, suborners,
etc.
124.
Corroboration.
125.
Fabricating
evidence.
126.
Inconsistent or contradictory
statements.
127.
Proof of certain proceedings on which perjury is
assigned.
128.
Forms and ceremonies of oath immaterial.
CHAPTER
XIII-OTHER OFFENCES RELATING TO
THE
ADMINISTRATION
OF JUSTICE
129.
Deceiving
witnesses.
130.
Destroying
evidence.
131.
Conspiracy to defeat justice and interference with
witnesses.
132.
Compounding
felonies.
133.
Compounding penal
actions.
134.
Advertisements for stolen
property.
135.
Corruptly taking a
reward.
136.
Offences relating to judicial proceedings.
CHAPTER
XIV-RESCUES AND ESCAPES AND
OBSTRUCTING
OFFICERS
OF COURT OF LAW
137.
Rescue.
138.
Escape.
139.
Aiding prisoners to
escape.
140.
Removal, etc. of property under lawful
seizure.
141.
Obstructing court officers.
CHAPTER
XV-MISCELLANEOUS OFFENCES
AGAINST
PUBLIC
AUTHORITY
142.
Frauds and breaches of trust by persons employed in the public
service.
143.
False information to public
servant.
144.
Disobedience of lawful orders.
Division III-Offences injurious to the public in general
CHAPTER XVI-OFFENCES RELATING TO RELIGION
145.
Insult to religion of any
class.
146.
Disturbing religious
assemblies.
147.
Trespassing on burial
places.
148.
Writing or uttering words with intent to wound religious
feelings.
CHAPTER XVII-OFFENCES AGAINST MORALITY
149.
Definition of
rape.
150.
Punishment of
rape.
151.
Attempted
rape.
152.
Abduction.
153.
Abduction of girl under eighteen years of age with intent to have
carnal-knowledge.
154.
Indecent assaults on and indecently insulting or annoying
females.
155.
Defilement of girl under thirteen years of
age.
156.
Defilement of girl between thirteen and sixteen years of age. Defilement of
idiots or
imbeciles.
157.
Procuration.
158.
Procuring defilement of women by threats, fraud or
drugs.
159.
Householder permitting defilement of girl under thirteen years of age on his
premises.
160.
Householder permitting, defilement of girl under sixteen years of age on his
premises.
161.
Detention of female in brothel or
elsewhere.
162.
Selling minors under the age of sixteen years for immoral
purposes.
163.
Buying minors under the age of sixteen years for immoral
purposes.
164.
Power of
search.
165.
Authority of court as to custody of
girls.
166.
Male person living on earnings of prostitution or persistently
soliciting.
167.
Women living on earnings of prostitution or aiding, etc. for gain prostitution
of another
woman.
168.
Loitering or soliciting for the purposes of
prostitution.
169.
Suspicious
premises.
170.
Brothels.
171.
Conspiracy to
defile,
172.
Attempts to procure
abortion.
173.
Abortion by woman with
child.
174.
Supplying drugs or instruments to procure
abortion.
175.
Unnatural
offences.
176.
Attempts to commit unnatural offences and indecent
assaults.
177.
Indecent practices between
males.
178.
Incest by
males.
179.
Incest by
females.
180.
Test of
relationship.
181.
Sanction of Director of Public
Prosecutions.
182.
Knowledge of age of female
immaterial.
183.
Definition of carnal knowledge.
CHAPTER XVIII-OFFENCES RELATING TO MARRIAGE
184.
Fraudulent pretence of
marriage.
185.
Bigamy.
186.
Marriage ceremony fraudulently gone through without lawful
marriage.
CHAPTER XIX-NUISANCES AND OTHER MISCELLANEOUS OFFENCES
187.
Common
nuisance.
188.
Traffic in obscene
publications.
189.
Offences in connexion with street and house to house
collections.
190.
Unlawful use of locomotives,
etc.
191.
Inciting dogs to
attack.
192.
Wearing, of uniform without authority
prohibited.
193.
Negligent spreading of
disease.
194.
Adulteration of
food.
195.
Sale of noxious food or
drink.
196.
Fouling
air.
197.
Criminal trespass.
Division IV-Offences against the person
CHAPTER XX-MURDER AND MANSLAUGHTER
198.
Manslaughter.
199.
Murder.
200.
Punishment of
murder.
201.
Punishment of
manslaughter.
202.
Malice
aforethought.
203.
Killing on
provocation.
204.
Provocation
defined.
205.
Infanticide.
206.
Causing death
defined.
207.
When child deemed to be a
person.
208.
Limitation as to time of death.
CHAPTER
XXI-DUTIES RELATING TO THE
PRESERVATION
OF
LIFE AND HEALTH
209.
Responsibility of person who has charge of
another.
210.
Duty of head of
family.
211.
Duty of
masters.
212.
Duty of persons doing dangerous
acts.
213.
Duty of persons in charge of dangerous things.
CHAPTER XXII-OFFENCES CONNECTED WITH MURDER AND SUICIDE
214.
Attempt to
murder.
215.
Attempt to murder by
convict.
216.
Accessory after the fact to
murder.
217.
Conspiracy to
murder.
218.
Suicide to cease to be
offence.
219.
Liability for complicity in another's
suicide.
220.
Concealing the birth of
children.
221.
Killing unborn child.
CHAPTER XXIII-OFFENCES ENDANGERING LIFE AND HEALTH
222.
Disabling in order to commit felony or
misdemeanour.
223.
Stupefying in order to commit felony or
misdemeanour.
224.
Acts intended to cause grievous harm or to prevent
arrest.
225.
Preventing escape from
wreck.
226.
Intentionally endangering safety of persons travelling by
railway.
227.
Grievous
harm.
228.
Placing explosive with
intent.
229.
Maliciously administering poison with intent to
harm.
230.
Unlawful
wounding.
231.
Unlawful
poisoning.
232.
Witchcraft and
sorcery.
233.
Failure to supply
necessaries.
234.
Surgical
operation.
235.
Excess of
force.
236.
Consent.
CHAPTER XXIV-CRIMINAL RECKLESSNESS AND NEGLIGENCE
237.
Reckless or negligent
acts.
238.
Causing death by dangerous
driving.
239.
Other negligent acts causing
harm.
240.
Negligent dealing with
poisons.
241.
Endangering safety of persons travelling by
railway.
242.
Exhibition of false light, mark or
buoy.
243.
Conveyance by unsafe or overloaded vessel.
CHAPTER XXV-ASSAULTS
244.
Common
assault.
245.
Assault causing actual bodily
harm.
246.
Assaults on magistrates and other persons protecting
wreck.
247.
Assaults punishable with five years' imprisonment.
CHAPTER XXVI-OFFENCES AGAINST LIBERTY
248.
Definition of kidnapping and
abduction.
249.
Punishment for
kidnapping.
250.
Kidnapping or abducting in order to
murder.
251.
Kidnapping or abducting with intent to confine
person.
252.
Kidnapping or abducting with intent to
harm.
253.
Wrongfully concealing kidnapped
person.
254.
Child
stealing.
255.
Abduction of girls under
sixteen.
256.
Punishment for wrongful
confinement.
257.
Unlawful compulsory labour.
Division V-Offences relating to property
CHAPTER XXVII-LARCENY, EMBEZZLEMENT AND CONVERSION
258.
Things capable of being
stolen.
259.
Definition of
theft.
260.
Stealing and embezzlement by co-partners,
etc.
261.
Husband and
wife.
262.
General punishment for
theft.
263.
Larceny of
will.
264.
Larceny of documents of title and legal
documents.
265.
Larceny of
electricity.
266.
Larceny of
ore.
267.
Larceny of postal
packets.
268.
Embezzlement by officer of post
office.
269.
Definitions relating to larceny and embezzlement of postal
packets.
270.
Larceny in
dwelling-house.
271.
Larceny from the
person.
272.
Larceny from ship, dock,
etc.
273.
Larceny by tenant or
lodger.
274.
Larceny and embezzlement by clerks or
servants.
275.
Larceny of
cattle.
276.
Larceny of
dogs.
277.
Larceny of
creatures.
278.
Larceny of
fish.
279.
Conversion.
CHAPTER XXVIII-STEALING AND DAMAGING TREES, FIXTURES, ETC.
280.
Larceny of
trees.
281.
Larceny of
fences.
282.
Larceny of fruit and
vegetables.
283.
Damaging fixtures, trees, etc., with intent to steal.
CHAPTER XXIX-OTHER OFFENCES ALLIED TO STEALING
284.
Fraudulent destruction of
documents.
285.
Fraudulent destruction of documents of
title.
286.
Fraudulent destruction of
wills.
287.
Fraudulent destruction of record, writ,
etc.
288.
Miners removing
ore.
289.
Killing animals with intent to
steal.
290.
Larceny of or dredging for
oysters.
291.
Factor, obtaining, advances on the property of their
principals.
292.
Unlawful use of vehicles, animals, etc.
CHAPTER XXX-ROBBERY AND EXTORTION
293.
Robbery.
294.
Demanding money etc. with
menaces.
295.
Demanding with menaces with intent to
steal.
296.
Extortion.
CHAPTER XXXI-BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES
297.
Definition of breaking and
entering.
298.
Sacrilege.
299.
Burglary.
300.
Housebreaking and committing
felony.
301.
Entering a magazine with
intent.
302.
Housebreaking with intent to commit
felony.
303.
Possession of housebreaking
implements.
304.
Forfeiture of housebreaking instruments.
CHAPTER
XXXII-FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF
TRUST,
AND
FALSE ACCOUNTING
305.
Conversion by
trustee.
306.
Directors destroying books,
etc.
307.
Fraudulent falsification of accounts.
CHAPTER XXXIII-FALSE PRETENCES
308.
Definition of false
pretence.
309.
False
pretences.
310.
Obtaining credit, etc., by false
pretences.
311.
Obtaining registration by false
pretence.
312.
False declaration for passport.
CHAPTER
XXXIV-RECEIVING PROPERTY STOLEN OR UNLAWFULLY
OBTAINED
AND
LIKE OFFENCES
313.
Receiving.
314.
Receiving goods stolen outside
Fiji.
315.
Evidence on charge of receiving stolen
property.
316.
Compulsory disclosures not to afford evidence.
Division VI-Malicious Injuries to Property
CHAPTER XXXV-OFFENCES CAUSING INJURY TO PROPERTY
317.
Arson.
318.
Attempts to commit
arson.
319.
Setting fire to crops,
etc.
320.
Attempting to set fire to crops.
etc.
321.
Casting away
vessels.
322.
Attempts to cast away
vessels.
323.
Injuring
animals.
324.
Other malicious injuries-general and special
punishments.
325.
Attempts to destroy property by
explosives.
326.
Spreading infectious disease among
animals.
327.
Removing boundary marks with intent to
defraud.
328.
Wilful damage, etc. to survey and boundary
marks.
329.
Penalties for damage, etc. to railway
works.
330.
Criminal Intimidation.
Division VII-Forgery, coining, counterfeiting and similar offences
CHAPTER XXXVI-INTERPRETATION
331.
Definitions for purposes of sections relating to forgery,
etc.
332.
Definition of
forgery.
333.
False
document.
334.
Intent to defraud.
CHAPTER XXXVII-PUNISHMENT FOR FORGERY
335.
Forgery of certain documents with intent to
defraud.
336.
Forgery with intent to defraud or
deceive.
337.
Making false entries in the books of the Chief
Accountant.
338.
Forging copies of certificates of
records.
339.
Forging registers of births,
etc.
340.
Making false entries in copies of register sent to
registrar.
341.
Forgery of other
documents.
342.
Forgery of seals and
dies.
343.
Uttering.
344.
Uttering cancelled
documents.
345.
Demanding property on forged
document.
346.
Possession of forged documents, seals and
dies.
347.
Possession of paper or implements for
forgery.
348.
Possession of revenue paper,
etc.
349.
Falsifying warrants for
money.
350.
Procuring execution of document by false
pretences.
351.
Letter written for another to be signed by writer.
CHAPTER
XXXVIII-OFFENCES RELATING TO
COIN,
AND
BANK AND CURRENCY NOTES
352.
Definitions.
353.
Counterfeiting.
354.
Gilding, silvering, filing and altering
coin.
355.
Imparting coin and possession of filing,
etc.
356.
Uttering and possession with intent to utter counterfeit
coin.
357.
Buying or selling counterfeit
coin.
358.
Importing and exporting counterfeit
coin.
359.
Possession of medals resembling
coin.
360.
Making, mending and having possession of coining
implements.
361.
Breaking up coin suspected to be
counterfeit.
362.
Evidence of coin being
counterfeit.
363.
Defacing and uttering defaced
coin.
364.
Melting down of
currency.
365.
Mutilating or defacing currency
notes.
366.
Imitation of
currency.
367.
Evidence of counterfeiting,
etc.
368.
Forfeiture of forged bank notes, currency notes. etc.
CHAPTER XXXIX-PERSONATION
369.
General penalty for
personation.
370.
Falsely making
acknowledgement.
371.
Personation of a person named in a
certificate.
372.
Lending, etc. certificate for
personation.
373.
Personation of person named in a testimonial of
character.
374.
Lending, etc. testimonial for personation.
CHAPTER XL-SECRET COMMISSIONS AND CORRUPT PRACTICES
375.
Interpretation for purposes of sections dealing with corrupt practices,
etc.
376.
Corrupt
practices.
377.
Secret commission on Government
contracts.
378.
Presumption as to corrupt
practices.
379.
Consent to prosecution.
Division VIII-Attempts and conspiracies to Commit Crimes, and Accessories After the Fact
CHAPTER XLI-ATTEMPTS
380.
Attempt
defined.
381.
Attempts to commit
offences.
382.
Punishment of attempts to commit certain
felonies.
383.
Soliciting or inciting others to commit offence in Fiji or
elsewhere.
384.
Neglect to prevent felony.
CHAPTER XLII-CONSPIRACIES
385.
Conspiracy to commit
felony.
386.
Conspiracy to commit
misdemeanour.
387.
Other conspiracies.
CHAPTER XLIII-ACCESSORIES AFTER THE FACT
388.
Definition of accessories after the
fact.
389.
Punishment of accessories after the fact to
felonies.
390.
Punishment of accessories after the fact to misdemeanours.
----------------------------------------
AN ACT TO ESTABLISH A CODE OF CRIMINAL LAW
Ordinances
Nos. 18 of 1944, 29 of 1945, 9 of 1946, 11 of 1948, 21 of
1950,
23
of 1951, 24 of 1952, 31 of 1954, 9 of 1955, 25 of 1957, 30 of
1958,
6
of 1959, 16 of 1960, 40 of 1960, 50 of 1961, 16 of 1966, 17 of
1966,
37
of 1966, 12 of 1969, 25 of 1969, 8 of
1970,
Orders
7th
October 1970*, 4th November
1970†,
Acts
Nos. 11 of 1971, 8 of 1972, 28 of 1972, 15 of 1973, 14 of
1975,
4
of 1976, 24 of 1976, 34 of 1976, 13 of 1977, 20 of 1977, 4 of 1979
*
See Legal Notice No. 112 of
1970
† See Legal
Notice No. 118 of 1970.
[1 May 1945]
PART
I-GENERAL
PROVISIONS
CHAPTER
I-PRELIMINARY
Short title
1.
This Act (hereinafter referred to as this Code) may be cited as the Penal
Code.
Saving of certain laws
2.
Except as hereinafter expressly provided nothing in this Code shall
affect-
(a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Fiji other than this Code; or
(b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Fiji relating to the jurisdiction of the courts of Fiji in respect of acts done beyond the ordinary jurisdiction of such courts; or
(Amended by Order* 7th October 1970.)
(c) the power of any court to punish a person for contempt of such court; or
(d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or
(e) any power of Her Majesty, or of the Governor-General as the representative of Her Majesty, to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or
(Amended by Order* 7th October 1970.)
(f) any of the Statutes, Acts, Regulations or Articles for the time being in force for the government of Her Majesty's military or naval or air forces, or the military or police forces of Fiji:
Provided
that if a person does an act which is punishable under this Code and is also
punishable under another Act or Statute of any
of the kinds mentioned in this
section, he shall not be punished for that act both under that Act or Statute
and also under this
Code.
* See Legal notice
No. 112 of
1970
†
See: Legal Notice No. 118 of
1970
CHAPTER II - INTERPRETATION
General rule of construction
3.
This Code shall be interpreted in accordance with the principles of legal
interpretation obtaining in England, and expressions used
in it shall be
presumed, so far as is consistent with their context, and, except as may be
otherwise expressly provided, to be used
with the meaning attaching to them in
English criminal law and shall be construed in accordance
therewith.
Definition of certain expressions and terms
4.
In this Code unless the context otherwise requires-
"court" means a court of competent jurisdiction;
"dangerous harm" means any harm endangering life;
"document of title to goods" includes any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to;
"document of title to lands" includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate and includes an instrument under the Land Transfer Act;
(Cap. 131)
"dwelling-house" includes any building or structure* or vessel or part of a building or structure* or vessel which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling-house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;
*Inserted Act No. 15 of 1973.
"felony" means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with death, or with imprisonment for three years or more;
"grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;
"harm" means any bodily hurt, disease or disorder whether permanent or temporary;
"judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry, or person, in which evidence may be taken on oath;
"knowingly" used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;
"local authority" means a local authority established under any* Act;
†Amended by Order 8th October, 1970.
"mail" includes every conveyance by which postal packets are carried, whether it be a vessel, car, coach, cart, horse or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the post office for the transmission of postal packets by contract, or otherwise in respect of postal packets transmitted by the vessel;
"mail bag" includes a bag, box, parcel or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packet;
"maim" means the destruction or permanent disabling of any external or internal organ, member or sense;
"misdemeanour" means any offence which is not treason or a felony;
"money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;
"night" or "night-time" means the interval between half-past six o'clock in the evening and half-past six o'clock in the morning;
"oath" includes affirmation or declaration and "swear" includes affirm or declare;
"offence" is an act, attempt or omission punishable by law;
"officer of the post office" includes the *Permanent Secretary for Posts and Telecommunications and any person employed in any business of the post office, whether employed by the *Permanent Secretary by any person under him or on behalf of the post office;
*Amended by Order 19th November 1971.
"Person" and "owner", and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include Her Majesty;
"person employed in the public service" means any person holding any of the following offices or performing the duty hereof, whether as a deputy or otherwise, namely
(i)
any civil office including the office of †Governor-General the power of
appointing a person to which or of removing from
which is vested in Her Majesty
or in the †Governor-General in a †Minister or in any public
Commission or Board;
or
†
Amended by Order 8th October, 1970 and by Act 14 of 1975.
(ii) any office to which a person is appointed or nominated under the provisions of any Act or by election; or
(iii) any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of paragraphs (i) or (ii); or
(iv) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;
and the said term further includes-
(i) a justice of the peace;
(ii) a member of a commission of inquiry appointed under or in pursuance of any Act;
(iii) any person employed to execute any process of a court;
(iv) all persons belonging to the military forces of Fiji;
(v) all persons in the employment of any government department;
(vi) all persons in the employ of the Fijian Affairs Board;
(vii) a person acting as a minister of religion of whatsoever denomination, in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(viii) a person in the employ of a local authority;
"possession"-
(a) "be in possession of" or "have in possession" includes not only having in one's own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person;
(b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
"postal packet” means a letter, postcard, lettercard, newspaper, book, packet, printed paper, pattern or sample packet, small packet or parcel and every other packet or article when in course of transmission by post and shall include a telegram when conveyed by post;
(Substituted by 37 of 1966, s. 5.)
"property" includes any description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
"public" refers not only to all persons within Fiji, but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;
"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;
*"public place" or "public premises" means-
(a) any highway, public street, public road, public park or garden, sea beach, river, public bridge, wharf, jetty, lane, footway, square, court, alley or passage whether a thoroughfare or not; or
(b) any-
(i) land or open space, whether such land or space is closed or unenclosed; and
(ii) place or building of public resort, other than a dwelling house,
to which for the time being the public have or are permitted to have access whether on payment or otherwise;
*Replaced by Act No. 11 of 1971.
"publicly" when applied to acts done, means either-
(a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or
(b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;
*"severe subnormality" means a state of arrested or incomplete development of mind which includes subnormality of intelligence and is of such a nature or degree that the patient is incapable of living an independent life or guarding himself against sources of exploitation or will be so incapable when of an age to do so;
*Inserted by Ordinance No. 12 of 1969.
"trustee" means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator or other like officer acting under any present or future †Act relating to companies or bankruptcy;
† Amended by Order 8th October, 1970.
"utter" includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;
"valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any country or territory of the Commonwealth, or any territory which is under Her Majesty's protection or in respect of which a trusteeship agreement has been entered into by Her Majesty, or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without any country or territory of the Commonwealth, or any territory which is under Her Majesty's protection or in respect of which a trusteeship agreement has been entered into by Her Majesty, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order or other security for the payment of money, or any authority or request for the payment of money or for the delivery or transfer of goods or chattels, or any accountable receipt, release or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods;
(Amended by 37 of 1966, s. 5.)
"vessel" includes any ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
CHAPTER III-TERRITORIAL APPLICATION OF THIS CODE
Extent of jurisdiction of Fiji Courts
5.
The jurisdiction of the courts of Fiji for the purposes of this Code extends to
every place within Fiji or within *the internal waters,
archipelagic waters and
territorial seas
thereof.
*Amended by 20
of 1977 s.2.
Offences committed partly within and partly beyond the jurisdiction
6.
When an act which, if wholly done within the jurisdiction of the court, would be
an offence against this Code, is done partly within
and partly beyond the
jurisdiction, every person who within the jurisdiction does or makes any part of
such act may be tried and
punished under this Code in the same manner as if such
act had been done wholly within the jurisdiction.
CHAPTER IV-GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
Ignorance of law
7.
Ignorance of the law does not afford any excuse for any act or omission which
would otherwise constitute an offence unless knowledge
of the law by the
offender is expressly declared to be an element of the offence.
Bona fide claim of right
8.
A person is not criminally responsible in respect of an offence relating to
property, if the act done or omitted to be done by him
with respect to the
property was done in the exercise of an honest claim of right and without
intention to defraud.
Intention and motive
9.-(1)
Subject to the express provision of this Code relating to negligent acts and
omissions, a person is not criminally responsible
for an act or omission which
occurs independently of the exercise of his will, or for an event which occurs
by
accident.
(2)
Unless the intention to cause a particular result is expressly declared to be an
element of the offence constituted, in whole
or part, by an act or omission, the
result intended to be caused by an act or omission is
immaterial.
(3)
Unless otherwise expressly declared, the motive by which a person is induced to
do or omit to do an act, or to form an intention
is immaterial so far as regards
criminal responsibility.
Mistake of fact
10.
A person who does or omits to do an act under an honest and reasonable, but
mistaken, belief in the existence of any state of things
is not criminally
responsible for the act or omission to any greater extent than if the real state
of things had been such as he
believed to
exist.
The
operation of this rule may be excluded by the express or implied provisions of
the law relating to the subject.
Presumption of sanity
11.
Every person is presumed to be of sound mind, and to have been of sound mind at
any time which comes in question, until the contrary
is proved.
Insanity
12.
A person is
not criminally responsible for an act or omission if at the time of doing the
act or making the omission he is through
any disease affecting his mind
incapable of understanding what he is doing, or knowing that he ought not to do
the act or make the
omission.
But
a person may be criminally responsible for an act or omission, although his mind
is affected by disease, if such disease does
not in fact produce upon his mind
one or other of the effects above mentioned in reference to that act or
omission.
Intoxication
13.-(1)
Save as provided in this section, intoxication shall not constitute a defence to
any criminal
charge.
(2)
Intoxication shall be a defence to any criminal charge if by reason thereof the
person charged at the time of the act or omission
complained of did not know
that such act or omission was wrong or did not know what he was doing
and-
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3)
Where the defence under subsection (2) is established, then in a case falling
under paragraph (a) thereof the accused shall be
discharged, and in a case
falling under paragraph (b) the provisions of this Code and of the Criminal
Procedure Code relating to insanity shall
apply.
(Cap.
21)
(4)
Intoxication shall be taken into account for the purpose of determining whether
the person charged had formed any intention, specific
or otherwise, in the
absence of which he would not be guilty of the
offence.
(5)
For the purpose of this section "intoxication" shall be deemed to include a
state produced by narcotics or drugs.
Immature age
14.-(1)
A person under the age of *ten years is not criminally responsible for any act
or omission.
*Amended by
Ordinance No. 12 of
1969.
(2)
A person under the age of twelve years is not criminally responsible for an act
or omission, unless it is proved that at the time
of doing the act or making the
omission he had capacity to know that he ought not to do the act or make the
omission.
(3)
A male person under the age of twelve years is presumed to be incapable of
having carnal knowledge.
Judicial officers
15.
Except as expressly provided by this Code, a judicial officer is not criminally
responsible for anything done or omitted to be done
by him in the exercise of
his judicial functions, although the act done is in excess of his judicial
authority or although he is
bound to do the act omitted to be done.
(Amended by 9 of 1946, s. 2.)
Compulsion
16.
A person is not criminally responsible for an offence if it is committed by two
or more offenders, and if the act is done or omitted
only because during the
whole of the time in which it is being done or omitted the person is compelled
to do or omit to do the act
by threats on the part of the other offender or
offenders instantly to kill him or do him grievous bodily harm if he refuses;
but
threats of future injury do not excuse any offence.
Defence of person or property
17.
Subject to any express provisions in this Code or any other law in operation in
Fiji, criminal responsibility for the use of force
in the defence of person or
property shall be determined according to the principles of English common
law.
Use of force in effecting arrest
18.
Where any person is charged with a criminal offence arising out of the lawful
arrest, or attempted arrest, by him of a person who
forcibly resists such arrest
or attempts to evade being arrested, the court shall, in considering whether the
means used were necessary,
or the degree of force used was reasonable, for the
apprehension of such person, have regard to the gravity of the offence which
had
been or was being committed by such person and the circumstances in which such
offence had been or was being committed by such
person.
Compulsion by husband
19.
A married woman is not free from criminal responsibility of doing or omitting to
do an act merely because the act or omission takes
place in the presence of her
husband; but, on a charge against a wife for any offence other than treason or
murder, it shall be a
good defence to prove that the offence was committed in
the presence of, and under the coercion of, the husband.
Person not to be punished twice for same offence
20.
A person cannot be punished twice either under the provisions of this Code or
under the provisions of any other law for the same
act or omission, except in
the case where the act or omission is such that by means thereof he causes the
death of another person,
in which case he may be convicted of the offence of
which he is guilty by reason of causing such death, notwithstanding that he has
already been convicted of some other offence constituted by the act or
omission.
CHAPTER V-PARTIES TO OFFENCES
Principal offenders
21.-(1)
When an offence is committed, each of the following persons is deemed to have
taken part in committing the offence and to be
guilty of the offence, and may be
charged with actually committing it, that is to say-
(a) every person who actually does the act or makes the omission which constitutes the offences;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
In
the last-mentioned case he may be charged either with committing the offence or
with counselling or procuring its
commission.
(2)
A conviction of counselling or procuring the commission of an offence entails
the same consequences in all respects as a conviction
of committing the
offence.
(3)
Any person who procures another to do or omit to do any act of such a nature
that, if he had himself done the act or made the
omission, the act or omission
would have constituted an offence on his part, is guilty of an offence of the
same kind, and is liable
to the same punishment, as if he had himself done the
act or made the omission; and he may be charged with doing the act or making
the
omission.
Offences committed by joint offenders in prosecution of common purpose
22.
When two or more persons form a common intention to prosecute an unlawful
purpose in conjunction with one another, and in the prosecution
of such purpose
an offence is committed of such a nature that its commission was a probable
consequence of the prosecution of such
purpose, each of them is deemed to have
committed the offence.
Counselling another to commit an offence
23.
When a person counsels another to commit an offence, and an offence is actually
committed after such counsel by the person to whom
it is given, it is immaterial
whether the offence actually committed is the same as that counselled or a
different one, or whether
the offence is committed in the way counselled or in a
different way, provided in either case that the facts constituting the offence
actually committed are a probable consequence of carrying out the
counsel.
In
either case the person who gave the counsel is deemed to have counselled the
other person to commit the offence actually committed
by
him.
If
the facts constituting the offence actually committed are not a probable
consequence of carrying out the counsel, the person who
gave the counsel is not
deemed to be responsible.
CHAPTER VI-PUNISHMENTS
Sentence of death
*24.-(1)
When any person is sentenced to death, the form of sentence shall be to the
effect only that he is to -suffer death in the manner
authorised by
law".
(Substituted
by 6 of 1959, s.
2.)
(2)
A certificate under the hand of the Chief Registrar or other officer of the
court that sentence of death has been passed, and
naming the person condemned,
shall be sufficient authority for the detention of such
person.
*Sections 24, 25
and 27 and subsections (2) and (3) of section 26 substituted by Ordinance No. 21
of 1950.
Persons under 18 not to be sentenced to death
*25.-(1)
Sentence of death shall not be pronounced on or recorded against a person
convicted of an offence if it appears to the court
that at the time when the
offence was committed he was under the age of eighteen years, but in lieu
thereof the court shall sentence
such person to be detained during the
†Governor-General's pleasure, and if so sentenced he shall be liable to be
detained in
such place and under such conditions as the †Governor-General
may direct, and whilst so detained shall be deemed to be in legal
custody.
(Amended
by 24 of 1952, s. 2, 17 of 1966, s. 2, and 28 of 1972 s.
2.)
(2)
When a person has been sentenced to be detained during the
†Governor-General's pleasure under subsection (1) the presiding
judge
shall forward to the †Governor-General a copy of the notes of evidence
taken on the trial, with a report in writing signed
by him containing any
recommendation or observations on the case he may think fit to
make.
(3)
Any person so detained as aforesaid may at any time be discharged by the
†Governor-General on licence. Such licence may
be in such form and may
contain such conditions as the †Governor-General may direct and may at any
time be revoked or varied
by the
†Governor-General.
Where
a licence has been revoked the person to whom the licence relates shall return
to such place as the †Governor-General
may direct and if he fails to do so
may be apprehended without warrant and taken to that
place.
*Sections 24, 25
and 27 and subsections (2) and (3) of section 26 substituted by Ordinance No. 21
of 1950.
†Amended
by Order 8th October, 1970.
Record and report to be sent to Governor-General
26.-(1)
As soon as possible after action has been taken in accordance with the
provisions of subsection (6) of section 88 of the Constitution,
the Commission
on the Prerogative of Mercy shall communicate to the presiding judge or his
successor in office the terms of any decision
reached by the Governor- General
under such provisions and such judge shall cause the tenor and substance thereof
to be entered in
the records of the
Court.
*(2)
The †Governor-General shall issue a death warrant, or an order for the
sentence of death to be commuted, or a pardon, under
his hand and the public
seal of Fiji, to give effect to the said decision. If the sentence of death is
to be carried out, the warrant
shall state that the person to be executed shall
be hanged by the neck until he is dead, and the place where and the time when
the
execution is to be had, and shall give directions as to the place of burial
or cremation of the body of the person executed. If the
sentence is commuted for
any other punishment the order shall specify that punishment. If the person
sentenced is pardoned, the pardon
shall state whether it is free, or to what
conditions, if any, it is
subject:
(Amended
by 6 of 1959, s.
3.)
Provided
that the †Governor-General's warrant may direct that the execution shall
take place at such time and at such place
and that the body of the person
executed shall be buried or cremated at such place, as shall be appointed by
some officer specified
in the
warrant.
*(3)
The warrant or order, or pardon of the †Governor-General shall be
sufficient authority in law to all persons to whom the
same is directed to
execute the sentence of death or other punishment awarded, and to carry out the
directions therein given in accordance
with the terms
thereof.
*Sections 24, 25
and 27 and subsections (2) and (3) of section 26 substituted by Ordinance No. 21
of 1950.
†Amended
by Order 8th October, 1970.
Procedure where woman convicted of capital offence alleges she is pregnant
*27.-(1)
Where a woman convicted of an offence punishable with death alleges that she is
pregnant, or where the court before whom she
is convicted thinks fit so to
order, the question whether or not the woman is pregnant shall, before sentence
is passed on her, be
determined by the trial
judge.
(2)
The question whether the woman is pregnant or not shall be determined by the
judge on such evidence as may be laid before him
on the part of the woman or on
the part of the Crown, and the judge shall find that the woman is not pregnant
unless it is proved
affirmatively to his satisfaction that she is
pregnant.
(3)
Where a woman convicted of an offence punishable with death is found in
accordance with the preceding provisions of this section
to be pregnant, the
sentence to be passed on her shall be a sentence of imprisonment for life
instead of sentence of
death.
*Sections 24, 25
and 27 and subsections (2) and (3) of section 26 substituted by Ordinance No. 21
of 1950.
Imprisonment
28.-(1)
No person shall be sentenced by a court to imprisonment with hard labour; and
every enactment conferring power on a court to pass
a sentence of imprisonment
with hard labour in any case shall be construed as conferring power to pass a
sentence of imprisonment
for a term not exceeding the term for which a sentence
of imprisonment with hard labour could have been passed immediately before
the
date of coming into force of this section; and so far as any enactment required
or permits prisoners to be kept to hard labour
it shall cease to have
effect.
(Substituted
by 25 of 1957, s.
3.)
(2)
A person liable to imprisonment for life or any other period may be sentenced
for any shorter
term.
(3)
A person liable to imprisonment for an offence may be sentenced to pay a fine in
addition to or instead of
imprisonment.
(4)
Where a person after conviction for an offence is convicted of another offence,
either before sentence is passed upon him under
the first conviction or before
the expiration of that sentence, any sentence of imprisonment which is passed
upon him under the subsequent
conviction shall be executed after the expiration
of the former sentence, unless the court directs that it shall be executed
concurrently
with the former sentence or any part
thereof:
Provided
that it shall not be lawful for a court to direct that a sentence of
imprisonment in default of payment of a fine shall be
executed concurrently with
a former
sentence.
(5)
A warrant under the hand of the judge or magistrate by whom any person is
sentenced to imprisonment, ordering that the sentence
be carried out in any
prison within Fiji, shall be issued by the sentencing judge or magistrate, and
shall be full authority to the
officer in charge of such prison and to all other
persons for carrying into effect the sentence described in such warrant, not
being
a sentence of death. Subject to the provisions of this section every
sentence shall be deemed to commence from and to include the
whole of the day on
which it was pronounced except where otherwise provided in this Code or
otherwise ordered by the court.
*Suspended sentences of imprisonment
29.-(1)
A court which passes a sentence of imprisonment for a term of not more than two
years for an offence, may order that the sentence
shall not take effect unless,
during a period specified in the order, being not less than one year nor more
than three years from
the date of the order, the offender commits in Fiji
another offence punishable with imprisonment and thereafter a court having power
to do so orders under the provisions of section
30
that the original sentence shall take effect; and in this and in sections
30,
31 and
32
"operational period" in relation to a suspended sentence means the period so
specified in the
order.
(2)
A court which passes a suspended sentence on any person for an offence shall not
make a probation order in his case in respect
of another offence of which he is
convicted by or before the court or for which he is dealt with by the
court.
(3)
A court which passes a sentence of imprisonment for a term of not more than six
months in respect of one offence shall not make
an order under the provisions of
subsection (1) where-
(a) the act or any of the acts constituting that offence consisted of an assault on or threat of violence to another person or of having or possessing a firearm, an imitation firearm, an explosive or an offensive weapon or of indecent conduct with or towards a person under the age of sixteen years;
(b) that offence is one in respect of which a probation order or order for conditional discharge was originally made or the offender was subject to such order at the time of committing the offence; or
(c) on the occasion on which a sentence is passed for that offence, the court passes or proposes to pass a sentence of immediate imprisonment on the offender for another offence which the court is not required to suspend.
(4)
On passing a suspended sentence the court shall explain to the offender in
ordinary language his liability under the provisions
of section
30
if during the operational period he commits an offence punishable with
imprisonment.
(5)
Subject to any provision contained in any written law-
(a) a suspended sentence which has not taken effect under the provisions of section 30 shall be treated as a sentence of imprisonment for the purposes of any written law which provides for disqualification for or loss of office or forfeiture of office of persons sentenced to imprisonment; and
(b) where a suspended sentence has taken effect under the provisions of section 30, the offender shall be treated for the purpose of such written law as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under that section expires or, if such an appeal is made, the date on which it is finally disposed of, or abandoned or fails for non-prosecution.
* Inserted by Ordinance No. 12 of 1969
*Power of court on conviction of further offence to deal with suspended sentence
30.-(1)
Where an offender is convicted of an offence punishable with imprisonment
committed during the operational period of a suspended
sentence and either he
was convicted by or before a court having power under the provisions of section
31
to deal with him in respect of the suspended sentence or who subsequently
appears or is brought before a court, then, unless the
sentence has already
taken effect, that court shall consider his case and deal with him by one of the
following methods-
(a) the court may order that the suspended sentence shall take effect with the original term unaltered;
(b) it may order that the sentence shall take effect with the substitution of a lesser term for the original term;
(c) it may by order vary the original order made under the provisions of subsection (1) of section 29 by substituting for the period specified therein a period expiring not later than three years from the date of the variation; or
(d) it may make any order with respect to the suspended sentence, and a court shall make an order under paragraph (a) unless the court is of opinion that it would be unjust to do so in view of all the circumstances which have arisen since the suspended sentence was passed, including the facts of the subsequent, offence and, where it is of that opinion, the court shall state its reasons.
(2)
Where a court orders that a suspended sentence shall take effect with or without
any variation of the original term, the court
may order that that sentence shall
take effect immediately or that the term thereof shall commence on the expiry of
another term
of imprisonment passed on the offender by that or any other
court.
(3)
For the purposes of any written law conferring rights of appeal in criminal
cases, any order made by a court under the provisions
of subsection (1) shall be
treated as a sentence passed on the offender by that court for the offence for
which the suspended sentence
was
passed.
* Inserted by
Ordinance No. 12 of 1969
*Court by which suspended sentence is to be dealt with
31.-(1)
An offender shall be dealt with in respect of a suspended sentence by the
Supreme Court or, where the sentence was passed by a
magistrate's court. by any
magistrate's court before which he appears or is
brought.
(2)
Where an offender is convicted by a magistrate's court of an offence punishable
with imprisonment and the court is satisfied that
the offence was committed
during the operational period of a suspended sentence passed by the Supreme
Court-
(a) the court may, if it thinks fit, commit him in custody or on appeal to the Supreme Court; and
(b) if it does not, shall give written notice of the conviction to the Clerk of the Court by which the suspended sentence is passed.
(3)
For the purposes of this and section 32 a suspended sentence passed on an
offender on appeal shall be treated as having been passed
by the court by which
he was originally
sentenced.
* Inserted by
Ordinance No. 12 of 1969
*Discovery of further offences
32.-(1)
If it appears to a judge or a magistrate on whom jurisdiction is conferred by
subsection (2) that an offender has been convicted
in Fiji of an offence
punishable with imprisonment committed during the operational period of a
suspended sentence and that it has
not been dealt with in respect of this
suspended sentence, the judge or magistrate may issue a summons requiring the
offender to
appear at the place and time specified therein or may issue a
warrant for his
arrest.
(2)
The following persons shall have jurisdiction for the purpose of subsection
(1):-
(a) if the suspended sentence was passed by the Supreme Court, a judge of that court;
(b) if the suspended sent