Tuilole v State [2002] FJHC 120; HAA0019J.2002S (24 May 2002)

IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO: HAA019 OF 2002

Between:

SAMUELA TUILOLE
Appellant

And:

THE STATE
Respondent

Hearing: 24th May 2002
Judgment: 24th May 2002

Counsel: Mr N. Vere for Appellant
Mr N. Nand for Respondent

JUDGMENT

This appeal is allowed because the statute under which the charge was laid, that is the Prevention of Fires Act, Cap. 145, has been repealed by the Forests Decree 1992. The offence is not known in law and the entire proceedings including the plea are a nullity. Conviction and sentence are wholly quashed.

The mistake in this case in laying the charge under the wrong law was an understandable one, particularly in Lakeba where neither police nor magistrate have easy access to law books. Indeed neither counsel this morning realised that the Act has been repealed. As such the application for costs is refused.

Nazhat Shameem
JUDGE

At Suva
24th May 2002