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Public Prosecutor v Kalesi [1966] VUNHJC 5; Criminal (A) 17 of 1966 (22 November 1966)

JOINT COURT OF THE NEW HEBRIDES


JUDGMENT No. (A) 17/66
of 23rd May, 1966 and 22nd November, 1966./.


CONDOMINIUM


v.


ALFRED KALESI


JUDGMENT

The accused, Alfred KALESI, was charged that on the 25th April, 1966 at Paunangis on the island of Efate he stole one thousand French Pacific Francs and ten Australian pound notes the property of Stephen TALAU of Paunangis to which charge he pleaded guilty.

Commandant Walford, the acting Public Prosecutor, told the Court that the accused was employed on the 4th April, 1966 by the complainant, Stephen TALAU, on a temporary basis and went to live with him. On the 24th April the complainant checked his money which he kept in a suitcase and found it intact: there was a thousand Pacific Franc note there and ten Australian pound notes. On the same day the accused left the complainant's house saying he was going to Forari and on the 4th May the complainant found the money missing. The accused was approached on the 11th May and, when questioned, he admitted taking the money. The police were informed and he was arrested and kept in custody until the hearing of the case on the 23rd May. Maître de Preville, who appeared for the accused, stressed the youth of the accused and his lack of education: he said the accused was aged 16 but had left school 2 years previously.

The Court adjourned the case until the 22nd November and on the adjourned hearing was told that the accused in the meantime had made restitution.

The Court convicts the accused and having considered what was said in mitigation by his Counsel, that he has already been some time in detention and has made restitution, fines him £A.1.0.0.

DATED at Vila, the 22nd day of November, 1966 ./.


French Judge
British Judge
Registrar


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