Tuvalu Island Courts Bench Book - Federal Court of Australia

For a charge of stealing:
Took and carried away
If the charge is stealing, the prosecution must prove that the accused
took the fence, etc, and carried it away. See the definition of “takes”
in s251(2)(a). See the definition of “carries away” in s251(2)(b).
Intention of permanently depriving owner
The prosecution must prove that the accused had the intention of
keeping the fence, etc and using it as his or her own. If the accused
later sells or gives it away, they have used it as their own. This is a
subjective test – it is the accused’s intention that is important. You
may have to infer this from the circumstances.
The prosecution must show that the accused intended this at the
time he or she took the fence, etc.
For a charge of damaging:
Cut, broke, or threw down
If the charge is on this ground, the prosecution must prove that the
accused damaged the fence, etc.
With the intention of stealing
The prosecution must prove that the accused damaged the fence, etc
with the intention of stealing it. This is a subjective test – it is the
accused’s intention that is important. You may have to infer this
from the circumstances.
Sentence
The section states that the accused is guilty of a misdemeanour but
no penalty is specifically provided for this offence.
Section 42 Penal Code states that where no punishment is provided
for any misdemeanour, the penalty will be 2 years imprisonment and
a fine.
As an Island Court Magistrate, the maximum fine you may impose
is $100 and 6 months imprisonment. If you think the circumstances
of the case require a greater penalty than you may impose, then
transfer the matter to the Magistrate’s Court for sentencing.
Tuvalu Island Courts Bench Book June 2004