Tuvalu Island Courts Bench Book - Federal Court of Australia

Public place
The prosecution must prove by evidence that it was a public place
that the accused was found in. Locating them later in a non-public
place is not enough. Often a description of the place may be
sufficient because you may know it. Otherwise it needs to be
proved that the place was public in nature.
See the definition of a public place in s4 Penal Code.
Defences
If the prosecution has proved the elements of the offence, beyond
reasonable doubt, the accused may still have a legal defence.
The accused will have to establish their defence to your satisfaction,
on the balance of probabilities (i.e. more likely than not).
Sentence
$20 fine.
Tuvalu Island Courts Bench Book June 2004