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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
TRUK DISTRICT
Criminal Case No. 151
ROPON
Appellant
v.
TRUST TERRITORY OF THE PACIFIC ISLANDS
Appellee
April 5, 1962
Appeal from conviction in Truk District Court, in which accused was held to be accessory before the fact in dynamiting of fish in violation of T.T.C., Secs. 130 and 780. Appellant contends that he was not accessory, that the explosive used failed to explode, and that no fish were caught. The Trial Division of the High Court, Chief Justice E. P. Furber, held that in criminal prosecution, difference between accessory before the fact and principal is a technical matter, and that accused did not suffer any injustice from error on this point. The Court further held that it is immaterial to crime of dynamiting fish whether explosive actually exploded or whether fish were actually caught.
Affirmed.
1. Criminal Law-Appeals-Prejudicial Error
Criminal proceedings before trial court will not be invalidated by appellate court for error or omission occurring in such proceedings .unless error or omission results in injustice to accused. (T.T.C., Sec. 497)
2. Criminal Law-Appeals-Prejudicial Error
Court hearing criminal appeal is concerned with whether justice is done rather than with technicalities.
3. Criminal Law-Principal and Accessory
Distinction between principal and accessory before the fact is technical one and of little practical significance. (T.T.C., Sec. 430)
4. Criminal Law-Principal and Accessory
Accessory to criminal offense is equally guilty with person who com-.mitted crime, and he receives same punishment as principal. (T.T.C., Sec. 430)
5. Criminal Law-Principal and Accessory
Where person is convicted as accessory before the fact when he should have been convicted as principal, he has not suffered injustice of which he can complain. (T.T.C., Sec. 430)
6. Dynamiting Fish-Generally
Clime of dynamiting fish consists of fishing with dynamite, hand grenades or any other form of explosive, or any form of poison, with exception of fishing for scientific purposes under certain circumstances. (T.T.C., Sec. 780)
7. Dynamiting Fish-Attempt
Crime of dynamiting fish includes attempt to catch fish by use of dynamite, regardless of whether attempt is successful. (T.T.C., Sec. 780)
8. Dynamiting Fish-Attempt
Under statutory crime of dynamiting fish, use of appliance within meaning of prohibition includes situation where appliance was ready and intended for use although not actually put into operation. (T.T.C., Sec. 780)
9. Dynamiting Fish-Attempt
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