Tuvalu Island Courts Bench Book - Federal Court of Australia

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Tuvalu Island Courts Bench Book June 2004
The following offences are those that are commonly heard before the Island Magistrates’ Courts, although on Funafuti these may be heard by the Resident or Senior Magistrate’s Court. These are divided into the legislation that provides for the offence. 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
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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 and 90: 11.4 Sentencing Young Offenders Par
Page 91: D: COMMON OFFENCES This part is a q
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)
Page 141 and 142: 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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