Tuvalu Island Courts Bench Book - Federal Court of Australia

Trespass: s182(2) Penal Code (Cap 8)
‘Any person who enters, by night any house, … without lawful excuse.’
For example, to prove trespass, the prosecution need to show that the person entered the house
by night, without the permission of the owner or some other lawful excuse. However, the
accused could establish that he had an excuse (for example, the son/daughter had invited him to
the house), and would need to show that on the balance of probabilities.
Larceny: s251 Penal Code (Cap 8)
‘a person, who without the consent of the owner, … takes and carries away … permanently to
deprive the owner’.
Here, if the accused can prove that she had the intention of returning the item, she has a defence.
Possession of weapon under the influence of alcohol: s105(1) Alcoholic Drinks Act (Cap 69)
‘A person who … whilst under the influence of alcohol is, without reasonable and lawful
excuse, in possession of any dangerous or offensive weapon.
If the accused can prove some reasonable and lawful excuse for possessing the weapon in the
circumstances, he has a defence.
Driving under the influence of drink or drugs: s23(3) Traffic Act (Cap 71)
Where, in any proceeding for an offence in connexion with drink it is proved the accused drove
or attempted to drive within 2 hours after consuming any liquid containing alcohol; and –
• the accused committed an offence through his driving; or
• was involved in an accident,
the Court shall presume the driver was impaired by drink, “unless the contrary is proved.”
Here, the accused will have a defence if he can prove that he was not impaired by drink.
8 Decision Making
The decision should be by agreement of the three Magistrates, or if there is disagreement, by a
majority (2 out of 3): s10 Island Courts Act (Cap 3).
The decision is to be made by the Magistrates. Although help as to meaning of the law can be
sought from textbooks and legal counsel, the decision cannot be made by anyone else.
Tuvalu Island Courts Bench Book June 2004