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Public Prosecutor v Nguyen Van Tu [1944] VUNHJC 17; Criminal Appeal 722 (14 December 1944)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 722

The fourteenth day of December in the year one thousand nine hundred and forty-four,

Before their Honours:

Y. GESLIN, French Judge, President,
A.H. EGAN, British Judge,

and Messrs

R. GUICHARD, Assessor,
ERRARD, Public Prosecutor ad hoc,

assisted by

E. BUTERI, Acting Registrar.

This is an appeal lodged by NGUYEN VAN TU, Tonkinese and French Ressortissant employed by Mr G. Rolland living at "Lagunes", against a judgment (No. 206) of the Court of First Instance Central District No. 1 which sentenced him on 14th October 1944 to undergo one month's imprisonment for having sold to a native alcoholic liquor, to wit, one bottle of wine, this being a breach of Articles 59 and 61 of the Convention of 6th August 1914.

Appeal was lodged by the accused at the Hearing of 14th October 1944.

The accused NGUYEN VAN TU was heard in his defence, the evidence of the witness Tom was taken and the Public Prosecutor having delivered his address, the Court then considered its judgment.

JUDGMENT

The Court of First Instance has shown a clear appreciation of the facts and has justly applied the provisions of the Articles in question,

ON THESE GROUNDS,

The judgment in appeal is confirmed and the accused is ordered to pay costs fixed at 9/- sterling