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
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Under age drinking on licensed premises or public place<br />
Section s99(3) Alcoholic Drinks Act (Cap 69)<br />
Description<br />
Any person under 18 commits an <strong>of</strong>fence who:<br />
• gets or tries to get any alcoholic drink on or from a licensed<br />
premises; or<br />
• drinks or has in his or her possession any alcoholic drink on<br />
a licensed premises or in a public place.<br />
Elements • The person named in the charge is the same person who is<br />
appearing in <strong>Court</strong>;<br />
• The person must be under the age <strong>of</strong> 18 years at the time <strong>of</strong><br />
the alleged <strong>of</strong>fence;<br />
• The person either:<br />
<br />
<br />
obtained or tried to get an alcoholic drink from a licensed<br />
premises; or<br />
had in their possession or drank an alcoholic drink on a<br />
licensed premises or in a public place.<br />
Commentary<br />
Burden and standard <strong>of</strong> pro<strong>of</strong><br />
The prosecution must prove all the elements beyond reasonable<br />
doubt. If the defence establishes to your satisfaction that there is a<br />
reasonable doubt, then the prosecution has failed.<br />
Identification<br />
In <strong>Court</strong>, the prosecution should identify the person charged by<br />
clearly pointing out that person in <strong>Court</strong>.<br />
The prosecution must provide evidence to prove that it was the<br />
accused who had or tried to have the alcohol.<br />
Under 18 years<br />
Pro<strong>of</strong> <strong>of</strong> the age <strong>of</strong> the person must be produced. This may be by<br />
producing birth records or evidence <strong>of</strong> someone who knows the age<br />
<strong>of</strong> the young person.<br />
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004