1073
(b)
the person intends to cause the other person to enter into debt bondage.
Penalty — Imprisonment for 12 months.
(2) In determining, for the purposes of any proceedings for an offence against sub-section (1), whether a person
(the first person) has caused another person (the second person) to enter into debt bondage, a court may have regard
to any of the following matters—
(a)
(b)
(c)
(3)
the economic relationship between the first person and the second person;
the terms of any written or oral contract or agreement between the second person and another person
(whether or not the first person);
the personal circumstances of the second person, including but not limited to—
(i) whether the second person is lawfully entitled to be in Fiji; and
(ii) the second person’s ability to speak, write and understand English or the language in which
the deception or inducement occurred; and
(iii) the extent of the second person’s social and physical dependence on the first person.
Sub-section (2) does not—
(a)
(b)
prevent the leading of any other evidence in proceedings for an offence against sub-section (1); or
limit the manner in which evidence may be adduced or the admissibility of evidence.
Offence of aggravated debt bondage
119.—(1) A person commits an offence of aggravated debt bondage if the person commits an offence of debt
bondage in relation to another person (the victim) and the victim is under 18.
Penalty — Imprisonment for 2 years.
(2) In order to prove an offence of aggravated debt bondage, the prosecution must prove that the defendant
intended to commit, or was reckless as to committing, the offence against a person under that age.
(3) If, on a trial for an offence against this section, the court is not satisfied that the defendant is guilty of the
aggravated offence, but is satisfied that he or she is guilty of an offence against section 118, it may find the defendant
not guilty of the aggravated offence but guilty of an offence against that section.
120.
Extended jurisdiction for some offences against this Division
A person commits an offence against sections 112 – 114 (inclusive) and sections 118-119—
(a)
(b)
whether or not the conduct constituting the alleged offence occurs in Fiji; and
whether or not a result of the conduct constituting the alleged offence occurs in Fiji.
Double jeopardy
121. If a person has been convicted or acquitted in a country outside Fiji of an offence against the law of that
country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of
that conduct.
Division 7 — People Smuggling and Related offences
Offence of people smuggling
122.—(1) A person (the first person) commits an indictable offence if—
(a)
(b)
(c)
(d)
the first person organises or facilitates the entry of another person (the other person) into a foreign
country (whether or not via Fiji); and
the entry of the other person into the foreign country does not comply with the requirements under
that country’s law for entry into the country; and
the other person is not a citizen or permanent resident of the foreign country; and
the first person organises or facilitates the entry—
(i)
having obtained (whether directly or indirectly) a benefit to do so; or
(ii)
with the intention of obtaining (whether directly or indirectly) a benefit.
Penalty — Imprisonment for 10 years or 500 penalty units, or both.