Tuvalu Island Courts Bench Book - Federal Court of Australia

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Took and carried away The prosecution must prove that the accused took the thing and carried it away. See the definition of “takes” in s251(2)(a). See the definition of “carries away” in s251(2)(b). A thing capable of being stolen The prosecution must provide evidence to identify the thing. The thing taken must be capable of being stolen. See s250 for a list of the things that may be stolen. Did not belong to them The prosecution must provide evidence to prove the owner of the thing. See the definition of “owner” in s251(2)(c). Fraudulently and without claim of right good faith The accused must have had an intention to defraud or steal and no good claim to the thing. Consider why did the accused take it? Was there an honest intention? If the accused puts forward an explanation to show he or she honestly believed in their right to take the thing, does their explanation have merit? Is their belief reasonable? Owner did not consent The prosecution must prove that the owner did not consent to the thing being taken. This will be quite easy and is usually done by evidence from the owner of the thing. Intention of permanently depriving owner The prosecution must prove that the accused had the intention of keeping the thing and using it as his or her own. If the accused later sells or gives it away, he or she has used it as his or her own. This is a subjective test – it is the accused’s intention that is important. You may have to infer this from the circumstances. The prosecution must show that the accused intended this at the time he or she took the thing. Jurisdiction Remember that the jurisdiction of the Island Court under this section is limited to things worth $50 or less: Schedule 2 ICA. Defences If the prosecution has proved the elements of the offence, beyond reasonable doubt, the accused may still have a legal defence. Tuvalu Island Courts Bench Book June 2004
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 5 years: s254 Penal Code. 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
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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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Larceny (theft) of or damage to fix
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For a charge of stealing: Took and
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Going armed in public Section s25 P
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Sentence The maximum penalty is imp
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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
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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 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 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: Simple larceny (theft) Section ss25
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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
Page 221 and 222: 5 Matrimonial Property In divorce p
Page 223 and 224: 6.3 How an Application for a Mainte
Page 225 and 226: If the Island Court makes a mainten
Page 227 and 228: 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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