Tuvalu Island Courts Bench Book - Federal Court of Australia

Possession of a dangerous weapon while under the
influence of alcohol
Section s105(1)(b) Alcoholic Drinks Act (Cap 69)
Description
Any person commits an offence who is under the influence of
alcohol and has any dangerous or offensive weapon or instrument in
his or her possession without a lawful excuse.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The person was under the influence of alcohol;
• The person had a dangerous or offensive weapon or
instrument.
Commentary
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.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who had the weapon or instrument while under the
influence.
Dangerous or offensive weapon or instrument
The prosecution will need to provide good evidence that the weapon
or instrument in the possession of the accused was dangerous or
offensive.
Place
This can be either in a public or private place, such as a home. The
conduct of the person in possession must be such that there is a fear
that an offence may be committed by them by reason of their
actions. This will vary according to the facts of each case.
Tuvalu Island Courts Bench Book June 2004