Tuvalu Island Courts Bench Book - Federal Court of Australia

Discharge (Absolute)
Imposed where the case has
been proved but the
circumstances are such that
the matter is minor or
trivial, so as not to justify a
conviction being entered.
Disqualification from
driving
Compulsory where is a
conviction under ss21,
23(1) Traffic Act (Cap 71).
Security for keeping the
peace, or to discourage
other minor criminal
behaviour
Given where it is
anticipated future offences
may take place, to
discourage this.
s7 Island Courts Act (Cap
3)
s25 Traffic Act (Cap 71)
s40 Criminal Procedure
Code (Cap 7)
Schedule 2 reg 50 Island
Courts Act (Cap 3)
1. Used widely for first-time
offenders where the offence is
seen as a one-off;
2. Previous good character;
3. Where offender is a student -
often given because of age and
lack of maturity.
1. Under ss21 and 23(1), special
considerations do not exist.
Penalty is mandatory in serious
cases.
2. In all other cases,
disqualification is discretionary.
Mitigation in standard form
should be given.
3. See Tianamo Savave v R (with
Pita v R) [2002] TVHC 4, 3/02
and Logologo Viliamu v R
[2003] TVHC 9, 2/03.
1. Special considerations detailed
in the section itself.
Prohibition order ss82(1) and (2), 83
Alcoholic Drinks Act (Cap
69)
1. Special considerations detailed
in the section itself.
2. See Sele Lausavere v R (Crim
App Feb 03)
Tuvalu Island Courts Bench Book June 2004