Tuvalu Island Courts Bench Book - Federal Court of Australia

Drinking alcohol in prohibited public place
Section s118(2) Alcoholic Drinks Act (Cap 69)
Description
Any person commits an offence who drinks alcohol in any public
place which has been declared to be a prohibited area, other than
licensed premises.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The person drank alcohol;
• The person was in a public place which had been declared by
the Minister to be a prohibited area.
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 drank in a prohibited public place.
Public place
The prosecution must prove it was a public place that the alleged
behaviour took place in. Often a description of the place may be
sufficient because you may know it. Otherwise it needs to be
proved that the place was public in nature.
Prohibited area
The Minister may declare any part of Tuvalu to be a
prohibited area. The prosecution will need to provide
good evidence that the Minister had made such a
declaration by notice.
Tuvalu Island Courts Bench Book June 2004