1032 GOVERNMENT OF FIJI _____ CRIMES DECREE 2009 (Decree No. 44 of 2009) _____ A DECREE TO REPEAL THE PENAL CODE AND MAKE COMPREHENSIVE PROVISION IN RELATION TO THE ELEMENTS OF CRIMINAL RESPONSIBILITY AND TO PRESCRIBE A RANGE OF CRIMINAL OFFENCES, AND FOR RELATED PURPOSES. IN exercise of the powers vested in me as Vice-President of Fiji by virtue of the Office of the Vice-President and Succession Decree 2009, I hereby make the following Decree: CHAPTER I — GENERAL PROVISIONS PART 1 — PRELIMINARY Short title and commencement 1.—(1) This Decree may be cited as the Crimes Decree 2009. (2) This Decree shall come into effect on a date appointed by the Minister by notice in the Gazette. 2.—(1) Common law offences cease to apply No person may be prosecuted for any common law offence. (2) The only offences against the laws of Fiji are those offences created by, or under the authority, of this Decree and any other Act or Decree or Promulgation or Regulation. 3.—(1) (a) (b) (c) (d) (e) (f) Savings of certain laws Unless otherwise provided in this Decree or any other law, nothing in this Decree shall affect— the liability, trial or punishment of a person for an offence against any other law in force in Fiji other than this Decree; or the liability of a person to be tried or punished for an offence under the provisions of any law in force in Fiji relating to the jurisdiction of the courts of Fiji in respect of acts done beyond the ordinary jurisdiction of such courts; or the power of any court to punish a person for contempt of such court; or the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Decree; or any lawful power to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or any of the Statutes, Acts, Promulgations, Decrees, Regulations or Articles for the time being in force for the disciplined services of Fiji. (2) If a person does an act which is punishable under this Decree and is also punishable under another Act or Decree or Promulgation or any other law of any of the kinds mentioned in sub-section (1), he or she shall not be punished for that act both under that Act or Decree and also under this Decree. PART 2 — INTERPRETATION OF CRIMINAL LAWS 4.—(1) Interpretation In this Decree, unless the context otherwise requires— “aggravated burglary” means any offence against section 313; “aggravated robbery” means any offence against section 311 “ancillary offence” means any offence against— (a) section 44 (attempts);