Tuvalu Island Courts Bench Book - Federal Court of Australia

6.4 The Defence
The defence does not have to prove anything.
The accused may give evidence, and call witnesses to support his or her case.
An accused is not obliged to give evidence if he or she does not want to do so. If they do, the
Prosecutor may ask questions and re-examination may take place.
The Magistrates may ask any questions on the evidence that has been heard or to deal with issues
that he or she feels need to be asked from the evidence that has been heard.
The defence case is then closed.
6.5 Conclusion of Case
The defence may summarise the facts and explain why the case has not been proved. This may
include reference to the law.
The prosecution will respond, explaining how the case has been proved and the law that applies.
In both cases, they will explain how the evidence supports their case.
See Lisale v R [2003] TVHC 7, 1/03, where the Chief Justice makes it clear that the failure to
give a closing speech would probably result in the conviction being quashed and referred back to
the Magistrate.
7 Proving an Offence
7.1 Innocent Until Proved Guilty
One of the most important principles in criminal law is that the accused is innocent until proved
guilty. Unless and until the prosecution proves that the accused is guilty of all the elements of
the offence, he or she is innocent in the eyes of the law. You must always remember this.
7.2 Burden and Standard of Proof
The Prosecution has the burden, or responsibility, of proving their case. They must prove all the
elements of the offence, beyond reasonable doubt.
Tuvalu Island Courts Bench Book June 2004