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Tuvalu Island Courts Bench Book - Federal Court of Australia

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It will usually only be careless or inconsiderate if there is some<br />

consequence, such as an accident, or someone is really put at risk <strong>of</strong><br />

harm or put to inconvenience.<br />

If inconsiderate driving or riding is alleged, the prosecution must<br />

prove that other road users were inconvenienced.<br />

Ask, “was the driving or riding well below an acceptable standard?”<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 />

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 />

6 months imprisonment or $100 fine. Note that you may also<br />

disqualify the accused from holding a driving licence: s25(1) Traffic<br />

Act. After 6 months, they may apply for their licence back under<br />

s26 Traffic Act.<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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