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Fiji Islands - FLR Volume 24 - Digest & Index |
THE FIJI LAW REPORTS
of cases decided in
THE FIJI COURT OF APPEAL
and
THE SUPREME COURT OF FIJI1978
VOLUME 24This volume may be cited as “24 F.L.R.”
EDITOR:
MICHAEL DISHINGTON SCOTT. B.A. (Lond.)
Barrister, of Gray’s Inn. Formerly Director of Public Prosecutions, FijiPRICE : $25.00
DIGEST AND INDEX
PAGE
CARRIAGE OF GOODS BY SEA
Loss of goods while in store – liability of Ports Authority – Ports Authority of Fiji Act 75 ss.45, 46(1), 50.
29
CRIMINAL LAW
Appeals
Appeal against conviction following unequivocal plea of guilty – Criminal Procedure Code (Cap.14) s.290(1) – Kenya Criminal Procedure Code s.348(1).
78
Application for bail pending appeal – principles applicable – Court of Appeal Ordinance (Cap.8) s.33(2).
28
Appeal to the Supreme Court from a Magistrate’s Court – power of Supreme Court to enhance sentence – Criminal Procedure Code (Cap.14) ss.212, 300 (2) – New Zealand Summary Proceedings Act 1957 s.121.
43
Successful appeal – principles governing applicability of the proviso to s.23(1) of the Court of Appeal Ordinance (Cap.8).
154
Evidence and Proof
Admission of caution statement containing irrelevant and prejudicial material – effect of admission on assessment of credibility.
37
Admissibility of evidence given by layman.
55
Director of Public Prosecutions’ direction to prosecute – whether necessary formally to prove direction – Trade Disputes Act 1973 ss.33, 40 – Interpretation Ordinance 1967 s. 55.
126
Lies told by an accused to the police – how far capable of being evidence of guilt – whether any relevant distinction between lies told in and lies told out of court.
93
Murder – admissibility of evidence of previous conviction to establish motive.
154
Traffic offences – driving under the influence of drink – influence that may be drawn from unexplained accident when driver has been drinking – Traffic Ordinance (Cap.152) s.39 (1).
55
Practice and Procedure
Hostile witness – effect of erroneous declaration.
63
Information – amendment – effect of technical breach of procedure – Criminal Procedure Code (Cap.14) ss.257 (2), 257(3).
93
Trial in the Supreme Court – Assessors – Judge overruling majority opinion – procedure to be followed – Criminal Procedure Code (Cap.14) ss.251(1), 251(2).
93
Traffic offences – driving whilst uninsured – disqualification for 12 months mandatory in absence of special reasons – special reasons to be raised on oath – reasons to be special to the offence and not to the offender – Motor Vehicles (Third Party Insurance) Ordinance (Cap.153) s.4.
80
Traffic offences – notice of intended prosecution – whether necessary to serve notice when charge laid within 14 days of the alleged offence – Traffic Ordinance (Cap.152) ss.38(1), 41.
117
Whether consultation in Chambers a breach of the requirement that court proceedings be held in public – effect of breach – the Constitution of Fiji Art. 10(9).
63
Principles of Criminal Liability
Arson – whether setting fire to one’s own property is unlawful – Penal Code (Cap.11) ss.353(a) and 353(b).
68
Lying to a Sheriff’s Officer – whether obstructing a Court Officer – Penal Code (Cap.11) s.133.
59
Murder – self defence and provocation – summing up – circumstances in which issue of provocation is to be left to the Assessors – Penal Code (Cap.11) ss.228(1), 234.
154
Principles of Sentencing
Carrying excess passengers by sea – Marine Board Ordinance (Cap.159) s.48.
115
Larceny from dwelling house and receiving stolen property – young offender of previous good character.
78
Traffic offences – causing death by dangerous driving – Penal Code (Cap.11) s.269(1).
166
Whether power to backdate effective date of term of imprisonment – whether proper for suspended term of imprisonment to be imposed concurrently with immediate term – whether proper to impose different types of sentence for several offences arising out of the same criminal transaction.
91
EMPLOYMENT LAW
Trade Unions – determination of Order of recognition – application to Permanent Secretary for Labour – Trade Unions (Recognition) Act 1976 ss. 3, 5, 7.
Permanent Secretary for Labour & ANR. V. Lees Trading Co. Ltd.
143
FAMILY LAW
Ancillary relief – maintenance of children – whether power to issue warrant of apprehension following dissolution of the marriage in respect of alleged breach of a maintenance order made before the divorce – Maintenance and Affiliation Act 1971 ss.8(1), 10 – Matrimonial Causes Ordinance 1968 s.56.
121
Divorce – ancillary relief – whether respondent’s entitlement to relief sought by Answer lapses following dismissal of the Petition – Matrimonial Causes Ordinance 1968 ss. Matrimonial Causes (Magistrate’s Courts) Rules Rr.17, 18 and 19.
87
Practice and procedure – whether necessary to hear evidence on oath before ordering interim maintenance –how far necessary to conduct examination as to means before making order – Maintenance and Affiliation Act s.14.
137
FIJI CONSTITUTION
See Criminal Law
GAMING
Possession of gaming machine – whether regulation prohibiting possession ultra vires the Ordinance – Lotteries Regulations 1975, Regn. 36(1) – Gaming Ordinance 65/1968 s.21.
75
LAND
Agreement for sale and purchase of Native Land – entry into possession prior to consent being obtained from Native Land Trust Board – whether agreement void by virtue of s.12(1) of the Native Land Trust Ordinance (Cap.115).
170
Mortgage of land by limited company – company placed in liquidation – whether security void against liquidator – Land Transfer Act 1971 ss.39, 63 – Companies Ordinance (Cap.216) ss.21, 79.
A.J.C. Patel Bros. & Co. Ltd (In Liquidation) & ANR v. Parshu Ram
46
Native Land – power of Native Land Trust Board to grant timber concession over land in native reserve – Native Land Trust Ordinance (Cap.115) ss. 4, 7, 8(1), 16 – Forest Ordinance (Cap.128) ss.2, 33.
107
Native Land within town boundaries – liability for payment of rates – Local Government Act 4/72 – Native Land Trust Ordinance (Cap.115) ss.2, 4.
1
Trespass – jurisdiction of Resident Magistrate – Magistrate’s Courts Ordinance (Cap.10) s.16.
Arebonoto Kanimea v. Veisari Gilbertese Co-operative Land Holding Society Ltd
LICENCING LAW
Provision of dancing – whether dancing is “provided” when dancing in fact takes place – Liquor Ordinance (Cap.167) s.62 – Liquor (Amendment) Act 24/75 s.19.
24
LOCAL GOVERNMENT
Business licences – whether licence fees discriminatory, unreasonable and ultra vires the Act – Business Licensing Act 1976 s.17(2) – Ba (Business Licence Fees) By-Laws 1976.
82
Committee of Enquiry – dissolution of Council – appointment of administrators – whether breach of rules of natural justice.
Joape Rokosoi Matatolu & Ors. v. The Attorney-General & Ors.
6
Dissolution of Council – appointment and function of inspectors – appointment of Committee of Enquiry – whether administrators entitled to act – Local Government Act 4/72 ss.123, 128, 131 – Local Government (Inquiries) Regulations 1977 – Local Government (Administrators) Regulations 1977 – whether Regulations intra vires the Act.
Joape Rokosoi Matatolu & Ors. v. The Attorney-General & Ors.
6
NATURAL JUSTICE
See Local Government
PRACTICE AND PROCEDURE
Judgement in default of defence entered more than 12 months after the last proceeding in the action – whether entering judgement a proceeding in the action – whether necessary before entering judgement to give notice to the other party – Supreme Court Rules (Cap.9) Ord. 3 R 6.
70
TORT
Action for damages – judgement debt – whether interest payable on debt when instalments payable under consent order have regularly been paid.
4
Agency – action for damages for personal injuries – circumstances in which vicarious liability may be established.
147
WORD AND PHRASES
- “provided” – Liquor Ordinance (Cap.167) s.62.
- “short delivery” – Ports Authority of Fiji Act 1975 s.45.
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