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Tuvalu Island Courts Bench Book - Federal Court of Australia

Tuvalu Island Courts Bench Book - Federal Court of Australia

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Sentence<br />

The section states that the accused is guilty <strong>of</strong> a misdemeanour but<br />

no penalty is specifically provided for this <strong>of</strong>fence.<br />

Section 42 Penal Code states that where no punishment is provided<br />

for any misdemeanour, the penalty will be 2 years imprisonment and<br />

a fine.<br />

Note s275(c) Penal Code, which states that the accused is guilty <strong>of</strong> a<br />

felony, and shall liable to imprisonment for 5 years if he or she has a<br />

previous conviction under s274.<br />

As an <strong>Island</strong> <strong>Court</strong> Magistrate, the maximum fine you may impose<br />

is $100 and 6 months imprisonment. If you think the circumstances<br />

<strong>of</strong> the case require a greater penalty than you may impose, then<br />

transfer the matter to the Magistrate’s <strong>Court</strong> for sentencing.<br />

<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004

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