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Public Prosecutor v Posen [1966] VUNHJC 2; Appellate (A) 02 of 1966 (11 March 1966)

JOINT COURT OF THE NEW HEBRIDES
CRIMINAL JURISDICTION

JUDGMENT NO. (A) 2/66.
of the 11th March, 1966.

CONDOMINIUM

v

MICAH POSEN of TANNA, residing at VILA

JUDGMENT

The accused, Micah Posen, is charged on three counts that on the 29th December, 1965, the 4th January, 1966, and the 2nd of February, 1966, he stole £A12, £A5 and £A20 respectively the property of Sanne Mafi to-which he pleaded guilty.

The Prosecuting Officer outlined the facts of the case and told the Court that on each of the dates above, the accused was given a letter by Saane Mafi with instructions to register and post it. In the first letter was £Al2, in the second £A5 and in the third £A20. The complainant subsequently had an acknowledgement of the letters from the addressees but was informed that there was no money enclosed. The accused, when approached by a Police Officer, confessed to having abstracted the money. The Prosecuting Officer told the Court that heretofore the accused was of exemplary character and employed in the Geological Department for the past 18 months where he gave every satisfaction.

Maitre de Preville, in mitigation, told the Court that the accused is married and has two children. He said that the accused, whose salary is only £A26 per month, succumbed to this temptation in order to buy food and other essentials for his family.

The Court convicts the accused on his plea and although of the impression that ordinarily this is a case in which consecutive sentences of two months on each Count might well be imposed, having regard to the previous good character of the accused, will not impose imprisonment.

The Court discharges the accused subject to the condition that he commits no offence within twelve months from this date and in the event of his so doing he will be brought back to this Court to be sentenced for the offences for which he is hereby conditionally discharged.

DATED at VILA this 12th day of March, 1966.

G. GUESDON
French Judge

James P. TRAINOR.
British Judge.

BUTERI,
Registrar.