Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia Tuvalu Island Courts Bench Book - Federal Court of Australia
Alcoholic Drinks Act (Cap 69) Tuvalu Island Courts Bench Book June 2004
Drunkenness on licensed premises Section s98 Alcoholic Drinks Act 1984 (Cap 69) Description (1) Every licensee is guilty of an offence who permits drunkenness or violent, quarrelsome, indecent or grossly disorderly or offensive conduct to take place, or who sells or supplies alcohol to or for a drunken person or a person guilty of such conduct, on licensed premises. (2) Every person is guilty of an offence who procures or attempts to procure alcohol for a drunken person or a person guilty of such conduct, or who helps such a person to obtain or drink alcohol, on licensed premises. Elements • The person named in the charge is the same person who is appearing in Court; Specific under s98(1): • The accused is the holder of a publican’s license; • The accused either: permitted drunkenness or violent, quarrelsome, indecent or grossly disorderly or offensive conduct to take place on the licensed premises; or sold or supplied alcohol to or for a drunken person or a person behaving in a violent, quarrelsome, indecent or grossly disorderly or offensive manner on the licensed premises. Specific under s98(2): • The accused either: procured or attempted to procure alcohol for a drunken person or a person behaving in a violent, quarrelsome, indecent or grossly disorderly or offensive manner on licensed premises; or helped a drunken person or a person behaving in a violent, quarrelsome, indecent or grossly disorderly or offensive manner to obtain or drink alcohol, on licensed premises. Tuvalu Island Courts Bench Book June 2004
- 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 and 138: Driving while impaired by alcohol o
- Page 139 and 140: Speeding Section reg7(1), (2), (3)
- Page 141: Traffic Act offences where no speci
- 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
- Page 189 and 190: If you order imprisonment for defau
- Page 191 and 192: 6 Contracts 6.1 What is a Contract?
Alcoholic Drinks Act (Cap 69)<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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