Tuvalu Island Courts Bench Book - Federal Court of Australia

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Intention of committing a felony The prosecution must prove that the accused intended to commit a felony. This is a subjective test – it is the accused’s intention that is important. You may have to infer this from the circumstances. The accused must be shown to have decided to commit a felony. If, in the course of carrying out that felony, the accused assaulted someone, that amounts to an offence under this section. The offence intended must be a felony. See definition in s4 Penal Code. Intention of resisting or preventing the lawful apprehension or detention of him or herself or another person for any offence The accused must have intended to resist or prevent someone lawfully apprehending him or her, or another person. The apprehension or detention, or attempted apprehension or detention, must be lawful. If, in the course of trying to resist apprehension or detention, the accused assaulted someone, that amounts to an offence under this section. The assaulted person need not be the police officer or other official attempting to make the apprehension or detention. 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 The maximum penalty is imprisonment for 2 years. As an Island Court Magistrate, the maximum you may impose is 6 months imprisonment (or $100 fine: s26 Penal Code). If you think the circumstances of the case require a greater penalty than you may impose, then transfer the matter to the Magistrate’s Court for sentencing. Tuvalu Island Courts Bench Book June 2004
Assaulting, resisting or wilfully obstructing a police officer Section s240(b) Penal Code (Cap 8) Description Every person is guilty of an offence who assaults, resists or wilfully obstructs: • a police officer who is duly executing his or her duty; or • any person acting in aid of that police officer. Elements • The person named in the charge is the same person who is appearing in Court; • The accused: used physical force on a police officer or person helping the police officer; or resisted a police officer or person helping the police officer; or wilfully obstructed a police officer or person helping the police officer; • There was no legal excuse for the force being used; • The police officer was duly executing his or her duty. 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 assaulted, resisted or obstructed. Definition of assault An assault is any act by which a person intentionally causes another person to apprehend immediate unlawful violence. 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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The prosecution must provide eviden
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Larceny (theft) or destruction of t
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This is a subjective test - it is t
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In Court, the prosecution should id
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Larceny (theft) of or destruction/d
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Defences If the prosecution has pro
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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
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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
Page 157 and 158: Drinking alcohol in prohibited publ
Page 159 and 160: The following offences are usually
Page 161 and 162: • The person named in the charge
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: Assault with intention to commit fe
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
Page 209 and 210: 2.3 The Special License Hearing Thi
Page 211 and 212: 3.3 How a Divorce Case Gets to Cour
Page 213 and 214: The Court may forego attempts at re
Page 215 and 216: Divorce Checklist Jurisdiction Are
Page 217 and 218: If you are not satisfied that adequ
Page 219 and 220: 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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