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Tuvalu Island Courts Bench Book - Federal Court of Australia

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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 />

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/or 6 months imprisonment.<br />

Note that you may also disqualify the accused from holding a<br />

driving license: s25(1) Traffic Act. After 6 months, they may apply<br />

for their license back under s26 Traffic Act.<br />

See Tianamo Savave v R (in Pita v R) [2002] TVHC 4, 3/02 and<br />

Viliamu v R [2003] TVHC 9, 2/03.<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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