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Reginam v Suka [1982] FJSC 43; Review 9 of 1982 (1 January 1982)

IN THE SUPREME COURT OF FIJI
Revisional Jurisdiction

Review No. 9 of 1982

IN THE MATTER OF THE CRIMINAL PROCEDURE CODE
AND IN THE MATTER OF CRIMINAL CASE NO. 103 OF 1982 BEFORE THE MOALA MAGISTRATE'S COURT

REGINAM
Complainant

and

LAISENIA SUKA
Respondent

ORDER ON REVISION

On 24th September, 1982 before the Juvenile Court at Moala, Lau the respondent, a sixteen year old boy was charged with and found guilty of the offence of defilement of a girl between thirteen and sixteen years of age.

Upon such finding the learned Magistrate purported to commit the respondent to the Reformative Training Centre at Nasinu pursuant to the provisions of section 32(1)(g) of the Juveniles Act (No. 13 of 1972). After the order was made the learned Magistrate discovered that the legislation upon which he based his order has been repealed. He now seeks a review of the order he made in respect of the respondent.

I accept that the order made in the Court below was null and void and is accordingly set aside.

The case is remitted to the learned Magistrate concerned to make such order as the circumstances of the case require and according to law.

Chief Justice