Tuvalu Island Courts Bench Book - Federal Court of Australia

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At the time of writing, the following areas are prohibited within Tuvalu: • on Funafuti – from the BP fuel tanks to the southern end of the runway; • on Nui, the part of the island between Tabontebike and the pig fence; and • on Vaitapu, that part of the island which is communal land comprising the main village bounded by an area 600 yards to the North and South of that communal land. Not licensed premises This offence does not apply to premises which were licensed to allow drinking at the time of the alleged offence. The prosecution must prove that the premises were licensed (the license should be produced as an exhibit) and that the alleged behaviour happened on those premises. Drank alcohol The prosecution must prove that the accused had consumed drink. The police will obtain evidence that helps them establish this. They must establish that the accused was seen drinking alcohol in a prohibited place. It is not sufficient to show that the accused was carrying alcohol or an open beer can, although that may suggest that the accused had been and intended to continue drinking. Defences If the prosecution has proved the elements of the offence, beyond reasonable doubt, the accused may still have a legal defence. The accused will have to establish their defence to your satisfaction, on the balance of probabilities (i.e. more likely than not). Sentence $200 fine. Tuvalu Island Courts Bench Book June 2004
The following offences are usually heard by the Magistrate’s Court although they are within the jurisdiction of the Island Magistrate’s Court. Tuvalu Island Courts Bench Book June 2004
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Tuvalu Island Courts Bench Book Pro
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nor this Book would be as effective
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2 Conduct in Court 2.1 Preparing fo
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E Civil 1 Introduction 2 Civil Juri
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Pacific Judicial Education Programm
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Tuvalu Island Courts Bench Book Jun
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The independence of the Judiciary i
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The Constitution gives immunity to
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2.2 General Characteristics of the
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2.4 A Brief Description of the Cour
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The Sovereign in Council is the Que
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The following people may not be app
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3.6 Procedures Procedures establish
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Any statute or regulation passed af
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Customs must be taken into consider
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5.3 The Important Rules of Evidence
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For example, X has been prohibited
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Term Adjournment Meaning When a cas
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Impartial/Impartiality Being free o
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Tort A wrong committed by one perso
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Tuvalu Island Courts Bench Book Jun
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1.2 “Do Right” Integrity You sh
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This principle touches several diff
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2 Conduct in Court 2.1 Preparing fo
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• Never make fun of a party or wi
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It is your responsibility to ensure
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C: CRIMINAL This part describes the
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1 Criminal Jurisdiction of the Isla
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Act Section Description Penal Code
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Act Section Description Marriage Ac
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4 How a Case Gets to Court Criminal
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In any case before the Court, the d
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The person should be in attendance
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6.4 The Defence The defence does no
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Mental capacity (called the mens re
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8.1 Principles Governing Decision M
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8.3 A Structured Approach to Making
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Criminal Decision Format Follow thi
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9.1 Principles of Sentencing It is
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Customary considerations Custom may
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9.4 Types of Sentence The Island Co
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Discharge (Absolute) Imposed where
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When a case has been decided on app
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Assistance for the young person Usu
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11.4 Sentencing Young Offenders Par
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D: COMMON OFFENCES This part is a q
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The following offences are those th
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Drunk and disorderly Section s167(d
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Defences If the prosecution has pro
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Words or behaviour There must be go
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Public place The prosecution must p
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Legal excuse The prosecution must p
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Took and carried away The prosecuti
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Page 109 and 110: Larceny (theft) or destruction of t
Page 111 and 112: This is a subjective test - it is t
Page 113 and 114: In Court, the prosecution should id
Page 115 and 116: Larceny (theft) of or destruction/d
Page 117 and 118: Defences If the prosecution has pro
Page 119 and 120: Larceny (theft) of or damage to fix
Page 121 and 122: For a charge of stealing: Took and
Page 123 and 124: Going armed in public Section s25 P
Page 125 and 126: Sentence The maximum penalty is imp
Page 127 and 128: Place The fight may be in a public
Page 129 and 130: Driving while unlicensed Section s1
Page 131 and 132: Breach of provisional driving licen
Page 133 and 134: Careless driving Section s20 Traffi
Page 135 and 136: Taking a vehicle without authority
Page 137 and 138: Driving while impaired by alcohol o
Page 139 and 140: Speeding Section reg7(1), (2), (3)
Page 141 and 142: Traffic Act offences where no speci
Page 143 and 144: Drunkenness on licensed premises Se
Page 145 and 146: Charges under s98(1) License holder
Page 147 and 148: Supplying a minor Section s99(1) an
Page 149 and 150: Under age drinking on licensed prem
Page 151 and 152: Refusal to leave licensed premises
Page 153 and 154: Possession of a dangerous weapon on
Page 155 and 156: Possession of a dangerous weapon wh
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Page 163 and 164: other person. This is a subjective
Page 165 and 166: possession. Possession does not hav
Page 167 and 168: Assault causing actual bodily harm
Page 169 and 170: Assault with intention to commit fe
Page 171 and 172: Assaulting, resisting or wilfully o
Page 173 and 174: Assaulting, resisting or obstructin
Page 175 and 176: Assaulting any person in execution
Page 177 and 178: Simple larceny (theft) Section ss25
Page 179 and 180: The accused will have to establish
Page 181 and 182: Tuvalu Island Courts Bench Book Jun
Page 183 and 184: 3 Civil Procedure Writ filed. Date
Page 185 and 186: Upon a request for a subpoena of a
Page 187 and 188: 5 Judgment Once all the evidence ha
Page 189 and 190: If you order imprisonment for defau
Page 191 and 192: 6 Contracts 6.1 What is a Contract?
Page 193 and 194: Certainty The general rule is that
Page 195 and 196: A breach of contract can take many
Page 197 and 198: Validity Is there any reason to mak
Page 199 and 200: 3. Damage or harm as a direct cause
Page 201 and 202: 8 Appeals and Revisions 8.1 Appeals
Page 203 and 204: F: FAMILY This part generally descr
Page 205 and 206: 1 Family Jurisdiction See s5 and Sc
Page 207 and 208: 2 Marriage The law on Marriage is f
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2.3 The Special License Hearing Thi
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3.3 How a Divorce Case Gets to Cour
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The Court may forego attempts at re
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Divorce Checklist Jurisdiction Are
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If you are not satisfied that adequ
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4.6 Interim Hearing An interim-hear
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5 Matrimonial Property In divorce p
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6.3 How an Application for a Mainte
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If the Island Court makes a mainten
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CRIMINAL FORMS: 1. Charge 2. Summon
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CIVIL FORMS: 11. Writ of summons 12
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FAMILY FORMS: 17. Divorce petition
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CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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