Tuvalu Island Courts Bench Book - Federal Court of Australia

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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
Sentence The maximum penalty is imprisonment for 2 years and a fine of $200. As an Island Court Magistrate, the maximum you may impose is 6 months imprisonment or $100 fine. 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
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Tuvalu Island Courts Bench Book Pro
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nor this Book would be as effective
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2 Conduct in Court 2.1 Preparing fo
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E Civil 1 Introduction 2 Civil Juri
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Pacific Judicial Education Programm
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Tuvalu Island Courts Bench Book Jun
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The independence of the Judiciary i
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The Constitution gives immunity to
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2.2 General Characteristics of the
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2.4 A Brief Description of the Cour
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The Sovereign in Council is the Que
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The following people may not be app
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3.6 Procedures Procedures establish
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Any statute or regulation passed af
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Customs must be taken into consider
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5.3 The Important Rules of Evidence
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For example, X has been prohibited
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Term Adjournment Meaning When a cas
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Impartial/Impartiality Being free o
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Tort A wrong committed by one perso
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1.2 “Do Right” Integrity You sh
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This principle touches several diff
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2 Conduct in Court 2.1 Preparing fo
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• Never make fun of a party or wi
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It is your responsibility to ensure
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C: CRIMINAL This part describes the
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1 Criminal Jurisdiction of the Isla
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Act Section Description Penal Code
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Act Section Description Marriage Ac
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4 How a Case Gets to Court Criminal
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In any case before the Court, the d
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The person should be in attendance
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6.4 The Defence The defence does no
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Mental capacity (called the mens re
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8.1 Principles Governing Decision M
Page 73 and 74: 8.3 A Structured Approach to Making
Page 75 and 76: Criminal Decision Format Follow thi
Page 77 and 78: 9.1 Principles of Sentencing It is
Page 79 and 80: Customary considerations Custom may
Page 81 and 82: 9.4 Types of Sentence The Island Co
Page 83 and 84: Discharge (Absolute) Imposed where
Page 85 and 86: When a case has been decided on app
Page 87 and 88: Assistance for the young person Usu
Page 89 and 90: 11.4 Sentencing Young Offenders Par
Page 91 and 92: D: COMMON OFFENCES This part is a q
Page 93 and 94: The following offences are those th
Page 95 and 96: Drunk and disorderly Section s167(d
Page 97 and 98: Defences If the prosecution has pro
Page 99 and 100: Words or behaviour There must be go
Page 101 and 102: Public place The prosecution must p
Page 103 and 104: Legal excuse The prosecution must p
Page 105 and 106: Took and carried away The prosecuti
Page 107 and 108: The prosecution must provide eviden
Page 109 and 110: Larceny (theft) or destruction of t
Page 111 and 112: This is a subjective test - it is t
Page 113 and 114: In Court, the prosecution should id
Page 115 and 116: Larceny (theft) of or destruction/d
Page 117 and 118: Defences If the prosecution has pro
Page 119 and 120: Larceny (theft) of or damage to fix
Page 121 and 122: For a charge of stealing: Took and
Page 123: Going armed in public Section s25 P
Page 127 and 128: Place The fight may be in a public
Page 129 and 130: Driving while unlicensed Section s1
Page 131 and 132: Breach of provisional driving licen
Page 133 and 134: Careless driving Section s20 Traffi
Page 135 and 136: Taking a vehicle without authority
Page 137 and 138: Driving while impaired by alcohol o
Page 139 and 140: Speeding Section reg7(1), (2), (3)
Page 141 and 142: Traffic Act offences where no speci
Page 143 and 144: Drunkenness on licensed premises Se
Page 145 and 146: Charges under s98(1) License holder
Page 147 and 148: Supplying a minor Section s99(1) an
Page 149 and 150: Under age drinking on licensed prem
Page 151 and 152: Refusal to leave licensed premises
Page 153 and 154: Possession of a dangerous weapon on
Page 155 and 156: Possession of a dangerous weapon wh
Page 157 and 158: Drinking alcohol in prohibited publ
Page 159 and 160: The following offences are usually
Page 161 and 162: • The person named in the charge
Page 163 and 164: other person. This is a subjective
Page 165 and 166: possession. Possession does not hav
Page 167 and 168: Assault causing actual bodily harm
Page 169 and 170: Assault with intention to commit fe
Page 171 and 172: Assaulting, resisting or wilfully o
Page 173 and 174: Assaulting, resisting or obstructin
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Assaulting any person in execution
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Simple larceny (theft) Section ss25
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The accused will have to establish
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3 Civil Procedure Writ filed. Date
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Upon a request for a subpoena of a
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5 Judgment Once all the evidence ha
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If you order imprisonment for defau
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6 Contracts 6.1 What is a Contract?
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Certainty The general rule is that
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A breach of contract can take many
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Validity Is there any reason to mak
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3. Damage or harm as a direct cause
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8 Appeals and Revisions 8.1 Appeals
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F: FAMILY This part generally descr
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1 Family Jurisdiction See s5 and Sc
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2 Marriage The law on Marriage is f
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2.3 The Special License Hearing Thi
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3.3 How a Divorce Case Gets to Cour
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The Court may forego attempts at re
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Divorce Checklist Jurisdiction Are
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If you are not satisfied that adequ
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4.6 Interim Hearing An interim-hear
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5 Matrimonial Property In divorce p
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6.3 How an Application for a Mainte
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If the Island Court makes a mainten
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CRIMINAL FORMS: 1. Charge 2. Summon
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CIVIL FORMS: 11. Writ of summons 12
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FAMILY FORMS: 17. Divorce petition
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CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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