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Tuvalu Island Courts Bench Book - Federal Court of Australia

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other person. This is a subjective test – it is the accused’s intention<br />

that is important. You may have to infer this from the<br />

circumstances.<br />

Under this ground, the prosecution does not have to prove that the<br />

accused actually intimidated or annoyed the other person – intention<br />

to do so is enough.<br />

Charges under s182(1)(b)<br />

Property<br />

Property includes a building, vessel or land.<br />

Possession<br />

This will include ownership and lease and any other kind <strong>of</strong><br />

possession. It does not have to be a legal possession under this<br />

ground. You can infer that a person in possession <strong>of</strong> property<br />

includes family members or others who live there, even if they are<br />

not the person named on the title or lease.<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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