A 13-year-old boy who admitted sexually abusing his 5-year-old neighbour has been placed under community supervision rather than imprisoned, in a High Court decision that also raises concerns about Fiji’s evolving child justice system.
Delivering judgment on 8 May, Justice Lee Burney ordered a community-based corrections programme for 12 months, emphasizing rehabilitation over punishment for young offenders.
The case involved incidents in April 2025, when the boy—referred to as XY due to his age—lured the young victim to a vacant house and carried out multiple sexual acts. The abuse came to light after the child’s father discussed inappropriate touching with her.
XY later confessed and pleaded guilty to charges including rape and sexual assault.
Justice Burney acknowledged the seriousness of the offending but stressed that child offenders must be treated differently from adults.
He noted the boy’s remorse, cooperation, and progress through counselling, as well as his positive background—described as a school prefect with ambitions to become a lawyer.
Instead of detention, the court imposed a 12-month community-based corrections order, ongoing supervision and reporting requirements and a progress report to the court after six months
The judge said the aim was to help the child “correct [his] behaviour and become a productive, law-abiding member of society.”
A key feature of the ruling is Justice Burney’s criticism of delays in implementing Fiji’s Child Justice Act 2024, which raises the age of criminal responsibility from 10 to 14.
Because the law is not yet in force, XY—who was 13 at the time—could still be prosecuted under existing legislation.
Justice Burney warned this creates inconsistency and unfairness, explaining that children under 14 may still be prosecuted if their cases are heard before the new law begins and that others in identical circumstances could be discharged entirely once the Act takes effect
He described this as an “unsatisfactory state of affairs” that risks undermining public confidence and called for urgent commencement of the Act, or prosecutors to reconsider pursuing cases involving children below the new age threshold
While not criticising prosecutors directly, the judge signalled that Parliament’s intent to prioritise rehabilitation over criminalisation should carry significant weight in decision-making.
