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Tuvalu Island Courts Bench Book - Federal Court of Australia

Tuvalu Island Courts Bench Book - Federal Court of Australia

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Under the influence <strong>of</strong> alcohol<br />

The prosecution must prove that the accused had consumed drink.<br />

Sometimes the police will obtain a statement that helps them<br />

establish this. Other times they can smell alcohol on the accused.<br />

The police <strong>of</strong>ficer will need to give evidence if this is the case.<br />

Injury not necessary<br />

It does not matter whether the weapon or instrument was used or<br />

intended to be used to cause injury to another person.<br />

Defences<br />

If the prosecution has proved the elements <strong>of</strong> the <strong>of</strong>fence, beyond<br />

reasonable doubt, the accused may still have a legal defence.<br />

The accused will have a defence if he or she can prove that he or she<br />

has a lawful and reasonable excuse for having the weapon while<br />

under the influence. The accused will have to establish their defence<br />

to your satisfaction, on the balance <strong>of</strong> probabilities (i.e. more likely<br />

than not).<br />

Sentence<br />

$200 fine.<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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