Tuvalu Island Courts Bench Book - Federal Court of Australia

Customary considerations
Custom may assist in passing sentence. It is common in cases of trespass, for example, for an
apology to be made to the owner of the property. Where that has been done, that will be
considered to be important when sentence is given.
This is helpful, as the offender and the people affected by the offending have to continue to live
together on the same island.
Plea of mitigation
Before sentence is given, ask the offender if he or she has anything to say on their own behalf.
This is known as mitigation. This can be done by either the offender or, where legal
representation is available, by a lawyer.
Further information and reports
Decide whether any further information or reports are necessary. These will give further
background and are useful in assessing the sentence to be given.
See Maluofenua Kalisi v R [2003] TVHC 1, 6/02, and Logologo Viliamu v R [2003] TVHC 9,
2/03.
9.3 A Systematic Approach to Sentencing
You must develop a systematic method of working through each sentence. Make sure you have
as much information as possible. If a Welfare Report is necessary, ask the Welfare Officer or
Community Officer.
The format on the following page is a useful guide for you to work through.
Tuvalu Island Courts Bench Book June 2004