Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia Tuvalu Island Courts Bench Book - Federal Court of Australia
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
Simple larceny (theft) Section ss251 and 254 Penal Code (Cap 8) Description Every person is guilty of an offence who steals something. Section 250 sets out the things that are capable of being stolen. Section 251 defines stealing as, fraudulently and without claim of right made in good faith, taking and carrying away a thing capable of being stolen, without the consent of the owner and with the intent of permanently depriving the owner of the thing. Elements • The person named in the charge is the same person who is appearing in Court; • The accused took and carried away a thing that did not belong to them; • The thing taken was capable of being stolen; • The accused did this fraudulently and without claim of right in good faith; • The owner of the thing did not consent to the taking; • The accused had the intention of permanently depriving the owner of the thing at the time he or she took it. 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 stole. Tuvalu Island Courts Bench Book June 2004
- Page 125 and 126: Sentence The maximum penalty is imp
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- Page 145 and 146: Charges under s98(1) License holder
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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 to establish their defence to your satisfaction,<br />
on the balance <strong>of</strong> probabilities (i.e. more likely than not).<br />
Sentence<br />
The maximum penalty is imprisonment for 2 years. As an <strong>Island</strong><br />
<strong>Court</strong> Magistrate, the maximum you may impose is 6 months<br />
imprisonment (or $100 fine: s26 Penal Code). If you think the<br />
circumstances <strong>of</strong> the case require a greater penalty than you may<br />
impose, then transfer the matter to the Magistrate’s <strong>Court</strong> for<br />
sentencing.<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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