Tuvalu Island Courts Bench Book - Federal Court of Australia

Drunk and disorderly
Section s167(d) Penal Code (Cap 8)
Description
Every person who is drunk and disorderly in a public place, or
behaves in a riotous or disorderly fashion in any Police station or
public place, and in any other place, who assembles together with
others and behaves in a riotous or disorderly manner, is deemed an
idle and disorderly person and convicted as such.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The person was either:
drunk and disorderly in a public place; or
behaving in a riotous or disorderly manner in a Police
station or a public place; or
assembled together with other people and behaving in a
riotous or disorderly manner in any place.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who was found drunk in a public place.
Drunk and disorderly in a public place
The prosecution must prove by evidence that the accused was drunk
and disorderly. There must be evidence that the person was drunk
and there must be evidence that the person was behaving in a
disorderly way. There must be good evidence of what was done or
said and by whom.
Tuvalu Island Courts Bench Book June 2004