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Joint Court of the New Hebrides |
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:
- ....................
- (B) in penal matters, against conviction or sentence or both, provided that an appeal shall not lie to the Joint Court in respect of conviction in a case where the accused pleaded guilty or in respect of a sentence of imprisonment of 30 days or less or a fine of £20 or less, or its equivalent in francs at the current rate of exchange.
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