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Namuele v Public Prosecutor [1976] VUNHJC 37; Appellate (B) 19 of 1976 (3 December 1976)

JOINT COURT OF THE NEW HEBRIDES


Case No. 2548
Judgment No. (B) 19/76
of the 3rd December, 1976


JEFFREY NAMUELE
(Appellant)


v.


PUBLIC PROSECUTOR
(Respondent)


(Appeal against Judgment No. 82 of 1976
of the Native Court, Northern District
dated 18th November 1976)


JUDGMENT

The appellant, aged 16 years, was convicted by the Native Court, Northern District, of the following offences:-

Count1
-
Manifest drunkenness, contrary to section 38(b) of J.R. 12/62, as amended by J.R. 13/63 and J.R. 4/74;
Count 2
-
Threatening gestures, contrary to section 28 of J.R. 12/62;
Count 3
-
Damage to property, contrary to section 26 (1a) of J.R.12/62, as amended by J.R.29/66, J.R.11/68 and J.R.15/70;
Count 4
-
Drinking under age, contrary to section 3(a) of J.R.10/66, as amended by J.R.8/71 and J.R.7/74.

The Native Court found no extenuating circumstances present in the case and sentenced the appellant -


(1) on Count 1 to 2 weeks' imprisonment ;
(2) on Count 2 to 1 month's imprisonment ;
(3) on Count 3 to 1 month's imprisonment ;
(4) on Count 4 to pay a fine of Ten Australian Dollars.

It ordered that the sentences of imprisonment should run consecutively.

The appellant appealed against sentences only.

Article 8 paragraph 10(B) of the 1914 Protocol, as amended, which governs the right of appeal to the Joint Court from the judgments of the Native Courts in penal matters reads as follows:—

"10. There shall be a right of appeal to the Joint Court from the judgments of the Native Courts: