Reginam v Foiakau [1982] FJSC 47; Review 4 of 1982 (10 February 1982)

IN THE SUPREME COURT OF FIJI
Revisional Jurisdiction

Review No. 4 of 1982

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Criminal Case No. 21 of 1981
before the Magistrate's Court at Lomaloma, Lau

BETWEEN:

REGINAM
Complainant

AND:

WILISONI FOIAKAU
Respondent

ORDER ON REVISION

On 17th March 1981 the respondent was convicted in the Lomaloma Magistrate's Court of the offence of burglary contrary to section 332(a) of the Penal Code. Following his aforesaid conviction the learned Magistrate made an order in terms that respondent be "committed until the age of eighteen years to an institute established under the Children and Young Persons Act and the Juveniles Act". The said order was made undoubtedly because respondent was at the time a young person as he still is i.e. he is aged between fourteen years and seventeen years.

The order as worded is not clear in its intent but on the face of it, it was clearly one the learned Magistrate was not empowered to make. The proper order which was presumably intended by the learned Magistrate in the circumstances of this case was that the respondent be placed in the care of the Director of Social Welfare. Such order would be effective only until the respondent attains the age of seventeen years. This is prescribed under the provisions of section 50(1) of the Juveniles Act (Cap.56).

Accordingly the order which the learned Magistrate purported to have made on 17th March 1981 at Lomaloma in relation to the respondent is set aside and it is ordered that the respondent be placed in the care of the Director of Social Welfare until he attains the age of seventeen.

(T.U. Tuivaga)
Chief Justice

Suva,
10^th February 1982.