Tuvalu Island Courts Bench Book - Federal Court of Australia

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However, imposing just another sentence may not be very helpful either to the victim, or the young person. Sometimes it is essential to find out more information before you sentence, and this may be obtained from a social worker, a parent, a village elder, or church minister and if it is relevant, the school teacher. Think about putting the case off, and asking either for a report from one or more of these people, or even asking them to come to Court. See Tuaga v R [2003] TVHC 6, 3/02, where the Chief Justice said “… in the case of young offenders with few or no previous convictions, where the Magistrate considers immediate imprisonment is a possible sentence, he should always ensure he has full information about the offender before he decides.” Is a formal sentence necessary? Remember that all of us make mistakes, and probably we make more when we are young. To enter a conviction and formal sentence may mark out a young person as a criminal forever. You might think about putting the case off for a couple of months, and getting the young person to undertake an informal sentence. This might include some voluntary community work, paying some money over to the victim or to charity, or something similar. In this way you avoid a formal sentence, and give the young person another chance. If you do decide to do this, make sure that you put the case off to allow the informal sentence to be carried out, and that you then recall the case later to make sure that the work has been done, or the money has been paid. This type of approach is referred to as diversion, and it is designed to divert the young person away from formal sentences. You may not feel that diversion is appropriate, if you have tried it previously with the young person and it has failed. They may have already been given this chance. Also, if the charge is quite serious, the Police may want a formal conviction and sentence. Who else should you consult? One very important thing in all crime, but more so with young persons, is that they must take responsibility for what they have done. Consider a case of theft of money from someone else, of assaulting another person. Both actions will have caused damage and distress to someone else. Give the victim a say, and involve the victim in the outcome, if possible. Tuvalu Island Courts Bench Book June 2004
D: COMMON OFFENCES This part is a quick reference guide to some of the common offences you may encounter. It: • outlines the elements of the offence; • provides guidance on evidential matters and other material issues; • details the maximum sentence you may impose. It is not a replacement for the legislation. You must always go to the legislation and make your own decision. Tuvalu Island Courts Bench Book June 2004
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Tuvalu Island Courts Bench Book Pro
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nor this Book would be as effective
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2 Conduct in Court 2.1 Preparing fo
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E Civil 1 Introduction 2 Civil Juri
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Pacific Judicial Education Programm
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Tuvalu Island Courts Bench Book Jun
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The independence of the Judiciary i
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The Constitution gives immunity to
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2.2 General Characteristics of the
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2.4 A Brief Description of the Cour
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The Sovereign in Council is the Que
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The following people may not be app
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3.6 Procedures Procedures establish
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Any statute or regulation passed af
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Customs must be taken into consider
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5.3 The Important Rules of Evidence
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For example, X has been prohibited
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Term Adjournment Meaning When a cas
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Impartial/Impartiality Being free o
Page 39 and 40: Tort A wrong committed by one perso
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Page 43 and 44: 1.2 “Do Right” Integrity You sh
Page 45 and 46: This principle touches several diff
Page 47 and 48: 2 Conduct in Court 2.1 Preparing fo
Page 49 and 50: • Never make fun of a party or wi
Page 51 and 52: It is your responsibility to ensure
Page 53 and 54: C: CRIMINAL This part describes the
Page 55 and 56: 1 Criminal Jurisdiction of the Isla
Page 57 and 58: Act Section Description Penal Code
Page 59 and 60: Act Section Description Marriage Ac
Page 61 and 62: 4 How a Case Gets to Court Criminal
Page 63 and 64: In any case before the Court, the d
Page 65 and 66: The person should be in attendance
Page 67 and 68: 6.4 The Defence The defence does no
Page 69 and 70: Mental capacity (called the mens re
Page 71 and 72: 8.1 Principles Governing Decision M
Page 73 and 74: 8.3 A Structured Approach to Making
Page 75 and 76: Criminal Decision Format Follow thi
Page 77 and 78: 9.1 Principles of Sentencing It is
Page 79 and 80: Customary considerations Custom may
Page 81 and 82: 9.4 Types of Sentence The Island Co
Page 83 and 84: Discharge (Absolute) Imposed where
Page 85 and 86: When a case has been decided on app
Page 87 and 88: Assistance for the young person Usu
Page 89: 11.4 Sentencing Young Offenders Par
Page 93 and 94: The following offences are those th
Page 95 and 96: Drunk and disorderly Section s167(d
Page 97 and 98: Defences If the prosecution has pro
Page 99 and 100: Words or behaviour There must be go
Page 101 and 102: Public place The prosecution must p
Page 103 and 104: Legal excuse The prosecution must p
Page 105 and 106: Took and carried away The prosecuti
Page 107 and 108: The prosecution must provide eviden
Page 109 and 110: Larceny (theft) or destruction of t
Page 111 and 112: This is a subjective test - it is t
Page 113 and 114: In Court, the prosecution should id
Page 115 and 116: Larceny (theft) of or destruction/d
Page 117 and 118: Defences If the prosecution has pro
Page 119 and 120: Larceny (theft) of or damage to fix
Page 121 and 122: For a charge of stealing: Took and
Page 123 and 124: Going armed in public Section s25 P
Page 125 and 126: Sentence The maximum penalty is imp
Page 127 and 128: Place The fight may be in a public
Page 129 and 130: Driving while unlicensed Section s1
Page 131 and 132: Breach of provisional driving licen
Page 133 and 134: Careless driving Section s20 Traffi
Page 135 and 136: Taking a vehicle without authority
Page 137 and 138: Driving while impaired by alcohol o
Page 139 and 140: Speeding Section reg7(1), (2), (3)
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Traffic Act offences where no speci
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Drunkenness on licensed premises Se
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Charges under s98(1) License holder
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Supplying a minor Section s99(1) an
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Under age drinking on licensed prem
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Refusal to leave licensed premises
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Possession of a dangerous weapon on
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Possession of a dangerous weapon wh
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Drinking alcohol in prohibited publ
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The following offences are usually
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• The person named in the charge
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other person. This is a subjective
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possession. Possession does not hav
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Assault causing actual bodily harm
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Assault with intention to commit fe
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Assaulting, resisting or wilfully o
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Assaulting, resisting or obstructin
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Assaulting any person in execution
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Simple larceny (theft) Section ss25
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The accused will have to establish
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Tuvalu Island Courts Bench Book Jun
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3 Civil Procedure Writ filed. Date
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Upon a request for a subpoena of a
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5 Judgment Once all the evidence ha
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If you order imprisonment for defau
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6 Contracts 6.1 What is a Contract?
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Certainty The general rule is that
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A breach of contract can take many
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Validity Is there any reason to mak
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3. Damage or harm as a direct cause
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8 Appeals and Revisions 8.1 Appeals
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F: FAMILY This part generally descr
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1 Family Jurisdiction See s5 and Sc
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2 Marriage The law on Marriage is f
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2.3 The Special License Hearing Thi
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3.3 How a Divorce Case Gets to Cour
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The Court may forego attempts at re
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Divorce Checklist Jurisdiction Are
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If you are not satisfied that adequ
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4.6 Interim Hearing An interim-hear
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5 Matrimonial Property In divorce p
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6.3 How an Application for a Mainte
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If the Island Court makes a mainten
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CRIMINAL FORMS: 1. Charge 2. Summon
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CIVIL FORMS: 11. Writ of summons 12
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FAMILY FORMS: 17. Divorce petition
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CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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