Tuvalu Island Courts Bench Book - Federal Court of Australia

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11 Dealing with Young People 11.1 Criminal Responsibility of Young Accused 11.2 Young Accused in Need of Care, Protection or Control 11.3 Guidelines for Dealing with Young Accused 11.4 Sentencing Young Offenders D Common Offences Penal Code (Cap 8) s167(d) s169(n) s170 s237 s268 s269 s270 s272 s273 s274 s275 Drunk and disorderly Threat and Abusive Behaviour Drunk and Incapable Common Assault Larceny (theft) of a dog Larceny (theft) of a bird or animal Larceny (theft) or destruction of fish Larceny (theft) or destruction of trees, shrubs, etc Larceny (theft) of or damage to fence Larceny (theft) of or destruction/damage to fruit & vegetables Larceny (theft) of or damage to fixtures Public Order Act (Cap 9) s22 Unlawful fighting s25 Going armed in public Traffic Act 1983 (Cap 71) s13 Driving while unlicensed s14(3) Breach of provisional license s20 Careless driving s22 Taking a vehicle without authority s23 Driving while impaired by alcohol or drugs s27 Traffic Act offences where no special penalty is provided reg7(1),(2),(3) Speeding Alcoholic Drinks Act (Cap 69) s98 Drunkenness on licensed premises s99 Supplying a minor s99(3) Under age drinking on licensed premises or public place s101(2) Refusal to leave licensed premises s105(1)(a) Possession of a dangerous weapon on licensed premises s105(1)(b) Possession of a dangerous weapon while under the influence of alcohol s118 Drinking alcohol in a prohibited public place Offences usually heard by Magistrate’s Court: Penal Code (Cap 8) s182 Criminal Trespass s238 Assault Causing Bodily Harm s240(a) Assault with intention to commit felony or resist or prevent apprehension or detention s240(b) Assaulting, resisting or wilfully obstructing a police officer s240(d) Assaulting, resisting or obstructing a person engaged in process or distress s240(e) Assaulting any person in execution of lawful duty s254 Simple larceny (theft) Tuvalu Island Courts Bench Book June 2004
E Civil 1 Introduction 2 Civil Jurisdiction 3 Civil Procedure 3.1 Commencing Proceedings 3.2 Subpoenaing Witnesses 3.3 Non-Appearance of the Parties 3.4 The Hearing 4 Evidence 4.1 Burden of Proof 4.2 The Standard of Proof 5 Judgment 5.1 Principles Governing Decision Making 5.2 Deliberations 5.3 A Structured Approach to Making a Decision 5.4 Orders 5.5 Delivering Your Judgment 6 Contracts 6.1 What is a Contract? 6.2 The Elements of a Contract 6.3 Agreement 6.4 Consideration 6.5 Intention to Create Legal Relations 6.6 Capacity 6.6 Defects in a Contract that Make it Invalid 6.8 Breach of Contract 6.9 Remedies 6.10 Making a Decision in a Contract Case 7 Tort 7.1 The Tort of Negligence 7.2 Making a Decision in a Negligence Case 8 Appeals and Revisions 8.1 Appeals 8.2 Revision of Decisions F Family 1 Family Jurisdiction 2 Marriage 2.1 Restrictions on Marriage 2.2 Granting a Special License for Marriage 2.3 The Special License Hearing 2.4 Common Problems 3 Divorce 3.1 Jurisdiction of the Island Court 3.2 Grounds for Divorce 3.3 How a Divorce Case Gets to Court 3.4 Hearing 3.5 Granting an Order of Divorce 3.6 Associated Proceedings Tuvalu Island Courts Bench Book June 2004
Page 1 and 2: Tuvalu Island Courts Bench Book Pro
Page 3 and 4: nor this Book would be as effective
Page 5: 2 Conduct in Court 2.1 Preparing fo
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 and 56: 1 Criminal Jurisdiction of the Isla
Page 57 and 58:
Act Section Description Penal Code
Page 59 and 60:
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
Page 125 and 126:
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
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
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Speeding Section reg7(1), (2), (3)
Page 141 and 142:
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
Page 147 and 148:
Supplying a minor Section s99(1) an
Page 149 and 150:
Under age drinking on licensed prem
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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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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
Page 169 and 170:
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
Page 191 and 192:
6 Contracts 6.1 What is a Contract?
Page 193 and 194:
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
Page 231 and 232:
FAMILY FORMS: 17. Divorce petition
Page 233 and 234:
CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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