Tuvalu Island Courts Bench Book - Federal Court of Australia

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.
Lawful authority or reasonable excuse
The prosecution must prove that there was no lawful reason or
reasonable excuse for the accused to be carrying the weapon.
They may do this by referring to people who are allowed to carry
weapons, as set out in s16 Penal Code.
If the defence provides a reason, what is it, and does it have any
merit?
Intention to cause terror
The accused must have intended to cause terror in another. This is a
subjective test – it is the accused’s intention that is important. You
may have to infer this from the circumstances.
Caused terror
Just carrying a weapon in public is not enough to create an offence
under this section. The deliberate use of the words ‘cause terror’
means that it is the effect on another person that is important. There
will need to be proof:
• of how the weapon was brandished; and
• that someone else saw the weapon; and
• as a result, they were terrified.
This last is a subjective test – the person/s will need to give evidence
that in fact they were terrified.
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).
Tuvalu Island Courts Bench Book June 2004