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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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Place<br />

The fight may be in a public place, such as a public bar or licensed<br />

premises, or it may be on private premises. However, if it is on<br />

private premises, the threat to public order needs to be shown.<br />

Defences<br />

If the prosecution has proved the elements <strong>of</strong> the <strong>of</strong>fence, beyond<br />

reasonable doubt, the accused may still have a legal defence.<br />

Self defence would be the most common defence.<br />

The accused will have to establish their defence to your satisfaction,<br />

on the balance <strong>of</strong> probabilities (i.e. more likely than not).<br />

Sentence<br />

$100 fine and 1year imprisonment. As an <strong>Island</strong> <strong>Court</strong> Magistrate,<br />

the maximum term <strong>of</strong> imprisonment you may impose is 6 months.<br />

If you think the circumstances <strong>of</strong> the case require a greater penalty<br />

than you may impose, then transfer the matter to the Magistrate’s<br />

<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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