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Fiji Islands - Court of Appeal Digest 1991-2000 - Evidence Criminal |
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.
Ahmad Ali v The State
EVIDENCE: CRIMINAL
Murder-appeal against conviction-confession statement-trial within trial-statement alleged by appellant to have been obtained under duress-appeal dismissed.
13/89
92/97
Basant Singh & Ors v The State
EVIDENCE: CRIMINAL
Appeals against conviction for rape and abduction -misdirection as to corroboration- applicability of proviso to section 23(1) of the Court of Appeal Act- corroboration in circumstances having little weight- no substantial miscarriage of justice-proviso applied- appeal dismissed.
12/89
92/127
Davendra Singh v. The State
EVIDENCE: CRIMINAL
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 a accused person to be provided with a copy of the record of proceedings upon request and without delay emphasised.
12/97
99/217
Jope Cavukai v The State
EVIDENCE: CRIMINAL
Second appeal against conviction in the Magistrate’s Court dismissed on the facts.
12/93
93/363
Kuliniasi Vasu v. The State
EVIDENCE: CRIMINAL
Correct and adequate warning given on identification evidence-appeal against conviction dismissed-appeal against sentence of 6 years imprisonment for rape dismissed.
18/90
92/15
Litiwai Setevano v. The State
EVIDENCE: CRIMINAL
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
Mark Lawrence Mutch v. The State
EVIDENCE: CRIMINAL
Rape and indecent assault- requirement for evidence to be corroborated- value of photographs and similar fact evidence Section 23 (1) proviso applied despite want of corroboration- sentence- offences against children- 7 years imprisonment increased to 10 years.
60/99
00/328
Michael Desmond Benefield v. The State
EVIDENCE: CRIMINAL
Fraudulent conversion-appeal against conviction- mere withdrawal from solicitors 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
Sakiusa Mocevakaca & Ors v. The State
EVIDENCE: CRIMINAL
Discussion on law of corroboration of rape- appeals against conviction dismissed -appeals against sentence of five years imprisonment dismissed.
11/90
92/191
Suliasi Sivaro v. The State
EVIDENCE: CRIMINAL
Second appeal against conviction in Magistrates’ Court on point of law- quantity of drugs not proved- possession by appellant not proved- appeal allowed.
43/98
00/82
Taniela Lavetiviti & Anr v. The State
EVIDENCE: CRIMINAL
Appeal against conviction on ground that medical certificates tendered in absence of doctor overseas dismissed-appeal against sentence of 5 years imprisonment for rape dismissed-observations on leniency of sentence imposed by High Court.
10/91
92/51
The State v. Mosese Tuisawau
EVIDENCE: CRIMINAL
No case to answer -meaning and effect of Criminal Procedure Code(Cap. 21) Section 293(1) – relevance of credibility and weight of evidence - appeal by DPP dismissed.
14/90
91/1
© Michael Dishington Scott 2000
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