12.05.2014 Views

Tuvalu Island Courts Bench Book - Federal Court of Australia

Tuvalu Island Courts Bench Book - Federal Court of Australia

Tuvalu Island Courts Bench Book - Federal Court of Australia

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

The behaviour must be <strong>of</strong> real concern to ordinary members <strong>of</strong> the<br />

public.<br />

The prosecution must prove it was a public place that the accused<br />

was drunk and disorderly in. Often a description <strong>of</strong> the place may<br />

be sufficient because you may know it. Otherwise it needs to be<br />

proved that the place was public in nature.<br />

See the definition <strong>of</strong> a public place in s4 Penal Code.<br />

Behaving in a riotous or disorderly manner in a Police station or a<br />

public place<br />

The prosecution must prove by evidence that the accused was<br />

behaving in a riotous or disorderly manner. The accused does not<br />

need to have been drunk under this ground. There must be evidence<br />

that the person was behaving in a riotous or disorderly way. There<br />

must be good evidence <strong>of</strong> what was done or said and by whom.<br />

The behaviour must be <strong>of</strong> real concern to ordinary members <strong>of</strong> the<br />

public.<br />

The prosecution must prove it was a public place or a Police station.<br />

Often a description <strong>of</strong> the place may be sufficient because you may<br />

know it. Otherwise it needs to be proved.<br />

See the definition <strong>of</strong> a public place in s4 Penal Code.<br />

Assembled together with other people and behaving in a riotous or<br />

disorderly manner in any place<br />

For a charge under this ground, the prosecution must prove that the<br />

person was assembled together with other people. This means two<br />

or more other people in the same place at the same time. They must<br />

also prove that, while with these other people, the accused was<br />

behaving in a riotous or disorderly manner. The accused does not<br />

need to have been drunk under this ground. There must be evidence<br />

that the person was behaving in a riotous or disorderly way. There<br />

must be good evidence <strong>of</strong> what was done or said and by whom.<br />

The behaviour must be <strong>of</strong> real concern to ordinary members <strong>of</strong> the<br />

public.<br />

The prosecution does not need to prove it was a particular place<br />

under this ground.<br />

<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!