Tuvalu Island Courts Bench Book - Federal Court of Australia

9.4 Types of Sentence
The Island Court may pass the following sentences:
• imprisonment for not more than 6 months; or
• a fine not exceeding $100; or
• both; or
• a supervision or probation order for a period of not more than one year; or
• a discharge, either with or without conditions; or
• a suspended sentence. This means the sentence of imprisonment will only be served if
the accused commits another offence within the period of supervision; or
• a compensation order for any loss or injury caused; or
• an order requiring the offender to give security for keeping the peace; or
• an order that the offender be taken to his or her home island; or
• an order prohibiting the offender from drinking or having alcohol in his or her
possession, for not more than 12 months.
In addition, the Island Court may enforce fines by sentencing an offender to imprisonment if they
fail to pay a fine: s30(1) Penal Code 1978. The term of imprisonment you may sentence for
default on a fine is discretionary, but must not exceed the limits set out in the chart below.
Amount
Not exceeding $2
exceeding $2 but not exceeding $4
exceeding $4 but not exceeding $20
exceeding $20 but not exceeding $40
exceeding $40 but not exceeding $50
exceeding $50 but not exceeding $100
exceeding $100 but not exceeding $200
Maximum Period
7 days
14 days
6 weeks
2 months
3 months
6 months
12 months
The imprisonment term for default on a fine shall terminate when the fine is:
• paid; or
• levied by the process of law: s30(2) Penal Code 1978.
See Viliamu v R [2003] TVHC 9, 2/03 and Lisale v R [2003] TVHC 8, 3/03.
Tuvalu Island Courts Bench Book June 2004