Tuvalu Island Courts Bench Book - Federal Court of Australia

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Interpretation These Acts contain definitions of key words in s2 (except for the Penal Code (Cap 8), which has definitions in s4). See Part A, 4.3 for guidance on understanding and interpreting legislation. If you have any doubt about the meaning of any section or words in these Acts, ask the Resident Magistrate, who can provide guidance. You should only seek help from a member of the Judiciary or a lawyer appearing before you. The following table lists the offences within the jurisdiction of the Island Court. Act Section Description Penal Code (Cap 8) s60 Spreading false rumours, etc s82 s83 s115 s117 s133 s167 s169 s170 s171 s172 s173 s174 s181 s182 s183 s223 s237 s238 s240 s254(1) Challenging to fight a duel Threatening violence Offences relating to judicial proceedings (where the Court or proceeding is before an Island Court) Resisting arrest and escape Indecent assault on a female Idle and disorderly persons (except proviso) Offences in public ways, etc Drunk and incapable Shouting, etc in town, etc Polluting or obstructing watercourses Posting on walls without consent of owner Inciting dogs to attack Endangering property with fire, etc Criminal trespass Sorcery Unlawful wounding Common assault Assault causing bodily harm Assault punishable with 2 years’ imprisonment Simple larceny Tuvalu Island Courts Bench Book June 2004
Act Section Description Penal Code (Cap 8) s268 Larceny of dog s269 s270 s272 s273 s274 s275 s285 s306 s307 s318 s319(1) s322 s323 Larceny of creatures not subject of larceny at common law Larceny of fish Larceny of trees (where value of trees does not exceed $50) Larceny of fences (where value of fence does not exceed $50) Larceny of fruit and vegetables (where value of food does not exceed $50) Damaging fixtures, trees etc with intent to steal (where value of property does not exceed $50) Unlawful use of vehicle Receiving (where value of property does not exceed $50) Receiving goods stolen outside Tuvalu (where value of goods does not exceed $50) Injuring animals Malicious damage (where value of property does not exceed $50) Removing boundary marks with intent to defraud Wilful damage, etc to survey and boundary marks Dogs Act (Cap 46) s5 Dog attacking person or animal on public road s10 s13 Non-registration of dog Falsely describing dog Traffic Act 1983 (Cap 71) s13 s14 s17 Driving without a licence Breach of provisional driving licence Failure to produce licence within 48 hours 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
Page 5 and 6: 2 Conduct in Court 2.1 Preparing fo
Page 7 and 8: E Civil 1 Introduction 2 Civil Juri
Page 9 and 10: Pacific Judicial Education Programm
Page 11 and 12: Tuvalu Island Courts Bench Book Jun
Page 13 and 14: The independence of the Judiciary i
Page 15 and 16: The Constitution gives immunity to
Page 17 and 18: 2.2 General Characteristics of the
Page 19 and 20: 2.4 A Brief Description of the Cour
Page 21 and 22: The Sovereign in Council is the Que
Page 23 and 24: The following people may not be app
Page 25 and 26: 3.6 Procedures Procedures establish
Page 27 and 28: Any statute or regulation passed af
Page 29 and 30: Customs must be taken into consider
Page 31 and 32: 5.3 The Important Rules of Evidence
Page 33 and 34: For example, X has been prohibited
Page 35 and 36: Term Adjournment Meaning When a cas
Page 37 and 38: Impartial/Impartiality Being free o
Page 39 and 40: Tort A wrong committed by one perso
Page 41 and 42: Tuvalu Island Courts Bench Book Jun
Page 43 and 44: 1.2 “Do Right” Integrity You sh
Page 45 and 46: This principle touches several diff
Page 47 and 48: 2 Conduct in Court 2.1 Preparing fo
Page 49 and 50: • Never make fun of a party or wi
Page 51 and 52: It is your responsibility to ensure
Page 53 and 54: C: CRIMINAL This part describes the
Page 55: 1 Criminal Jurisdiction of the Isla
Page 59 and 60: Act Section Description Marriage Ac
Page 61 and 62: 4 How a Case Gets to Court Criminal
Page 63 and 64: In any case before the Court, the d
Page 65 and 66: The person should be in attendance
Page 67 and 68: 6.4 The Defence The defence does no
Page 69 and 70: Mental capacity (called the mens re
Page 71 and 72: 8.1 Principles Governing Decision M
Page 73 and 74: 8.3 A Structured Approach to Making
Page 75 and 76: Criminal Decision Format Follow thi
Page 77 and 78: 9.1 Principles of Sentencing It is
Page 79 and 80: Customary considerations Custom may
Page 81 and 82: 9.4 Types of Sentence The Island Co
Page 83 and 84: Discharge (Absolute) Imposed where
Page 85 and 86: When a case has been decided on app
Page 87 and 88: Assistance for the young person Usu
Page 89 and 90: 11.4 Sentencing Young Offenders Par
Page 91 and 92: D: COMMON OFFENCES This part is a q
Page 93 and 94: The following offences are those th
Page 95 and 96: Drunk and disorderly Section s167(d
Page 97 and 98: Defences If the prosecution has pro
Page 99 and 100: Words or behaviour There must be go
Page 101 and 102: Public place The prosecution must p
Page 103 and 104: Legal excuse The prosecution must p
Page 105 and 106: 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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Place The fight may be in a public
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Driving while unlicensed Section s1
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Breach of provisional driving licen
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Careless driving Section s20 Traffi
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Taking a vehicle without authority
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Driving while impaired by alcohol o
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Speeding Section reg7(1), (2), (3)
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Traffic Act offences where no speci
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Drunkenness on licensed premises Se
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Charges under s98(1) License holder
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Supplying a minor Section s99(1) an
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Under age drinking on licensed prem
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Refusal to leave licensed premises
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Possession of a dangerous weapon on
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Possession of a dangerous weapon wh
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Drinking alcohol in prohibited publ
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The following offences are usually
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• The person named in the charge
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other person. This is a subjective
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possession. Possession does not hav
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Assault causing actual bodily harm
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Assault with intention to commit fe
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Assaulting, resisting or wilfully o
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Assaulting, resisting or obstructin
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Assaulting any person in execution
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Simple larceny (theft) Section ss25
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The accused will have to establish
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Tuvalu Island Courts Bench Book Jun
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3 Civil Procedure Writ filed. Date
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Upon a request for a subpoena of a
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5 Judgment Once all the evidence ha
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If you order imprisonment for defau
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6 Contracts 6.1 What is a Contract?
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Certainty The general rule is that
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A breach of contract can take many
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Validity Is there any reason to mak
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3. Damage or harm as a direct cause
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8 Appeals and Revisions 8.1 Appeals
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F: FAMILY This part generally descr
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1 Family Jurisdiction See s5 and Sc
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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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