Tuvalu Island Courts Bench Book - Federal Court of Australia

Threatening and abusive behaviour
Section s169(n) Penal Code (Cap 8)
Description
Every person is guilty of an offence who uses threatening or abusive
or insulting words or behaviour in a public place with intent to
provoke a breach of the peace; or whereby a breach of the peace
may be occasioned.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused used words or behaviour that were threatening,
abusive or insulting;
• This was done a public place;
• Either:
the accused intended that the words or behaviour would
cause anxiety or major concern to others such that they
feel that harm may be caused to them or others; or
the situation was such the words or behaviour might
cause anxiety or major concern to others such that they
feel that harm may be caused to them or others.
Commentary
Sometimes quite minor incidents are brought before the Court.
There needs to be a real reason for arrest and bringing to Court. The
prosecution must show that there was real concern for what might
happen as a result of what was said or done.
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 used the words or behaviour.
Tuvalu Island Courts Bench Book June 2004