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State v Tuimereke [2010] FJHC 210; HAC042.2010; HAC044.2010; HAC046.2010 (25 June 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NOs. HAC 042, 044 and 046 of 2010

STATE

V

1. WAISAKE TUIMEREKE
2. KAMINIELI TURAGALOALOA

Counsels: Mr. L. Fotofili for the State Accused No. 1 in Person
Accused No. 2 in Person

Hearing: 10th June, 2010
Ruling: 25th June, 2010

RULING

1. In Suva High Court Criminal Case Nos. 042, 044 and 046 of 2010, the two accuseds faced the following charges:

(i) HAC No. 042/2010: $10,377 plus "robbery with violence", contrary to section 293(1)(b) of the Penal Code, Chapter 17;

(ii) HAC No. 044/2010: $4,380 worth of "office breaking and larceny", contrary to section 300(a) of the Penal Code; and

(iii) HAC No. 046/2010: $3,631 worth of "robbery", contrary to section 293(1)(a) of the Penal Code.

2. Given case precedent laws, if the above cases proceeded to trial and resulted in a conviction, the two accuseds on each of the files are unlikely to get a prison sentence in excess of 10 years imprisonment, on any single file. In fact, in Criminal Case No. HAC 042 of 2010, the prosecution had no objection in that case been sent to the Magistrate Court to be tried accordingly to law. They also had no objections in Criminal Case No. HAC 044/2010 and 046/2010 been referred to the Magistrate Court, to be tried according to law. Each Resident Magistrate had a criminal jurisdiction to impose a maximum of 10 years imprisonment per count, and a maximum of 14 years imprisonment on two or more counts, pursuant to section 7(1) and 7(2) of the Criminal Procedure Decree 2009.

3. In State v Josaia Murimuri, Criminal Case No. HAC 064 of 2010S, this court discussed the jurisdiction of Magistrate Courts for crimes contained in legislations outside the Crimes Decree 2009. It said that, with the repeal of the Criminal Procedure Code Chapter 21 and the Electable Offences Decree from 1st February 2010, Magistrate Courts have jurisdiction to hear cases, where the likely penalties after an accused is found guilty was likely to be less than 10 years imprisonment per count. This was by virtue of the powers given to Magistrate Courts under section 5(2) of the Criminal Procedure Decree 2009.

4. Given what was said in State v Josaia Murimuri (supra), and pursuant to section 5(2) of the Criminal Procedure Decree 2009, I transfer High Court Criminal Case Nos. HAC 042/2010, HAC 044/2010 and HAC 046/2010 to the Suva Magistrate Court, to try the matter according to law. Both accused are to appear before the Suva Magistrate Courts on 16th July 2010 at 9.30am for mention. Accused No. 1 is remanded in custody, pending any bail application before the Magistrate Court. Accused No.2, production order endorsed.

Salesi Temo
ACTING JUDGE

AT Suva
25th June, 2010