Tuvalu Island Courts Bench Book - Federal Court of Australia

Criminal Decision Format
Follow this format when making and delivering your decisions.
Introduction
What the case is about.
Summary of what is alleged
What is alleged by the prosecution.
The law
What must be proved beyond reasonable doubt.
The elements of the offence.
The facts not in dispute
The facts that are accepted by the defence.
The elements that those accepted facts prove.
The facts in dispute
Your finding of the facts, with reasons. Which evidence you prefer and why?
Apply the facts to the law
Apply the facts as you have found them to the elements of the offence. Do the facts prove
all the essential elements?
You may convict the accused if you are satisfied beyond reasonable doubt that the
prosecution has proved the essential elements of the offence.
If there is a reasonable doubt, your verdict must be not guilty.
Deliver your decision
Structure your decision before delivering it. Make sure you give adequate reasons and that
the parties understand. Record your decision and reasons on the Court record.
Orders
Tuvalu Island Courts Bench Book June 2004