Tuvalu Island Courts Bench Book - Federal Court of Australia

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Drink or drug The prosecution must prove that the driver had consumed drink or drug. These are not defined, but you can assume that the offence relates only to drink and drugs that can affect a person’s ability, like alcohol and narcotic substances. Sometimes the police will obtain a statement that helps them establish this. Other times they can smell alcohol or marijuana on the person. Often a test is given at the station to determine whether or not a person is drunk and the level of drunkenness. The police officer will need to give evidence if this is the case. Driver’s ability impaired The prosecution must prove more than the fact that the driver was affected by drink or drug. They must show that the driver’s ability was impaired as a result. Impaired means driving in such a manner that the driver’s control of the vehicle is affected by the alcohol consumed. This may be evidenced by swerving the vehicle, driving very fast or other reasons. The police will need evidence to establish this. Note s23(3), which states that if a person drove within 2 hours of drinking alcohol and was involved in a driving offence or accident, you may presume that his or her driving ability was impaired, unless the accused proves otherwise, on the balance of probabilities. See Lisale v R [2003] TVHC 7, 1/03. 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). Sentence 1 years imprisonment and $200 fine. 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. Note that you must also disqualify the accused from holding a driving licence: s26(2)(b) Traffic Act. After 6 months, they may apply for their licence back under s26 Traffic Act. Tuvalu Island Courts Bench Book June 2004
Speeding Section reg7(1), (2), (3) Traffic Regulations (Cap 71) Description Any person who drives a vehicle faster than the speed specified for that vehicle in reg7(1) or the maximum speed indicated by a traffic sign in an area is guilty of an offence. Elements • The person named in the charge is the same person who is appearing in Court; • The person must have either: driven a vehicle above the specified speed for that vehicle; or driven a vehicle above the speed indicated by a traffic sign in the area. Commentary Section 30 Traffic Act allows the Minister to make regulations to carry out provisions of the Act for the purpose of prescribing speed limits. All vehicles as described below cannot be driven on any road faster than the speed described below: Reg7(1) and (2) • Private motor vehicle – 40 miles per hour; • Public service vehicle – 30 miles per hour; • Commercial vehicles – 20 miles per hour. Any person who drives a vehicle above the maximum speed in an area where the maximum speed is indicated by traffic signs has committed an offence. Reg7(3 All charges under reg7(1), (2) and (3) Burden and standard of proof The prosecution must prove all the elements beyond reasonable doubt. If the defence establishes to your satisfaction that there is a reasonable doubt, then the prosecution has failed. 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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Tuvalu Island Courts Bench Book Jun
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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
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8.3 A Structured Approach to Making
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Criminal Decision Format Follow thi
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9.1 Principles of Sentencing It is
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Customary considerations Custom may
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9.4 Types of Sentence The Island Co
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Discharge (Absolute) Imposed where
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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 and 124: Going armed in public Section s25 P
Page 125 and 126: Sentence The maximum penalty is imp
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: Driving while impaired by alcohol o
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
Page 175 and 176: Assaulting any person in execution
Page 177 and 178: Simple larceny (theft) Section ss25
Page 179 and 180: The accused will have to establish
Page 181 and 182: Tuvalu Island Courts Bench Book Jun
Page 183 and 184: 3 Civil Procedure Writ filed. Date
Page 185 and 186: Upon a request for a subpoena of a
Page 187 and 188: 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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