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
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Charges under s98(1)<br />
License holder<br />
The accused must hold a publican’s license. The prosecution should<br />
produce the license as an exhibit. It may not need to be the licensee<br />
personally who did the permitting or supplying – one <strong>of</strong> his or her<br />
employees may be sufficient.<br />
Permitted<br />
This means allowed. If the behaviour is occurring and the licensee<br />
has taken no steps to stop it or make the person leave, it can be<br />
inferred that they have permitted the behaviour.<br />
Sold or supplied alcohol<br />
Usually it may be inferred that someone on licensed premises who is<br />
drinking alcohol got it from the premises.<br />
Defence<br />
If the prosecution proves all the elements beyond reasonable doubt,<br />
then the accused may have a defence if they or their staff took all<br />
reasonable steps to prevent the behaviour. Ask yourself what steps<br />
were reasonable in the circumstances. The accused needs to prove<br />
this on the balance <strong>of</strong> probabilities, that is, their evidence must show<br />
it was more likely than not that they took such steps to prevent the<br />
behaviour.<br />
Charges under s98(2)<br />
A person<br />
The accused does not have to be a licensee under this ground.<br />
Procured or attempted to procure or helped the person to obtain<br />
alcohol<br />
Under this ground, the prosecution must prove that the accused got<br />
or attempted to get alcohol, or assisted the other person to get<br />
alcohol in some way.<br />
See the definition <strong>of</strong> “attempt” in s371 Penal Code. Usually an<br />
attempt involves doing something to try and get the alcohol for the<br />
other person.<br />
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004