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Vanuatu - Index to Vanuatu Unreported Cases - Volume 5 |
VANUATU
UNREPORTED JUDGMENTS
JOINT COURT OF THE NEW HEBRIDES
(Sitting from the 5th of February 1940)
VOLUME V
(1940 – 1949)
Collection compiled by Professor Don Paterson
Index Compiled by Jenny Binihi & Geoff Boon
University of the South Pacific* - Indicates the judgment is in the French language
† - Indicates the judgment is handwritten
Year
Case Name
Action
Date of Judgment
1940
Public Prosecutor v Assonouma Satol
Permitting the playing of a game of chance on premises occupied by himCriminal – No. 663
05 February 1940
Public Prosecutor v Lung Yim
Supply of alcohol to indigenous New HebrideansCriminal – No. 664
23 February 1940
Public Prosecutor v Seine Sicambi
Murder & aiding and abetting murder & theft of the victim’s propertyCriminal – No. 665
27 February 1940
Criminal – No. 666
15 November 1940
Criminal – No. 667
15 November 1940
Criminal – No. 668
15 November 1940
Criminal – No. 669
15 November 1940
1941
Public Prosecutor v Andrew
Assault causing grievous bodily harmCriminal – No. 670
17 January 1941
Public Prosecutor v Maison Barrau and its agent, M.A. Déplanque
Illicit increase in the selling price of controlled merchandiseCriminal – No. 671
17 January 1941
Public Prosecutor v Societe des Comptoirs Francais des Nouvelles-Hebrides and M. Henri Launay
Illicit increase in the selling price of controlled merchandiseCivil – Appeal No. 672
17 January 1941
Public Prosecutor v M. Maurice Mitride & M. Launay
Illicit increase in the selling price of tins of fruitCivil – Appeal No. 673
18 January 1941
Public Prosecutor v Nguyen Ngoc Zuyen
Driving a motor lorry with brakes not in working orderCivil – Appeal – No. 674
07 February 1941
Public Prosecutor v J.H. Dawkins
Boarding a vessel without a pass from the policeCivil – Appeal – No. 675
07 February 1941
Public Prosecutor v H.L. McLean
Failure to declare a dog to CustomsCivil – No. 676
04 April 1941
Public Prosecutor v Georges
Failure to declare a dog to CustomsCivil – No. 677
04 April 1941
Public Prosecutor v Bouteiller
Trying to recruit an indigenous New Hebridean by offering alcoholic liquorCriminal – No. 678
23 May 1941
Public Prosecutor v Bouteiller
Recruiting and engaging indigenous New Hebrideans by taking advantage of their weakness and opposing the order to send back a native irregularly engagedCriminal - No. 679
23 May 1941
Public Prosecutor v Leon Giovani
Employing an indigenous New Hebridean without a regular engagement and not repatriating natives after their employmentCivil –No. 680
23 May 1941
Public Prosecutor v Leg of Tanna
Amending the decision of the Native Court of the Southern District for murder to manslaughter of his wifeCriminal – No. 681
13 June 1941
Criminal – No. 682
04 July 1941
Public Prosecutor v Jacques Richard and Sylvain Naturel
Recruiting without a recruiting licence & complicity of illegal recruiting of an indigenous New Hebridean womanCriminal – No. 683
04 July 1941
Public Prosecutor v Mr Desmoulières
Exporting produce without examinationCriminal – Appeal No. 684
26 August 1941
1941
Public Prosecutor v Jean Lods
Appeal of decision of the Court of 1st Instance, Central District No. 1Civil – Appeal No. 685
26 August 1941
Public Prosecutor v Andre Natural
Illegal recruitment & refusal to repatriate and recruiting an indigenous New Hebridean woman without her husband’s consentCriminal– No. 686
26 August 1941
Public Prosecutor v Shingi Nagamine
Unauthorised possession of a wireless receiving set & not paying an annual licence feeCriminal – No. 687
03 October 1941
Public Prosecutor v Daniel
IncestCriminal – No. 688
31 October 1941
*Ministère Public c Bui Van Phu et al
Court heard verbal depositions
Criminal– No. 689
28 November 1941
Criminal– No. 689
28 November 1941
Public Prosecutor v Bui Van Phu
Heard Mr Faurebrac, Inspector of Indo-chinese labourersCriminal – No. 689
9 December 1941
*Ministère Public c Bui Van Phu et al
Confiscation of money found on the gaming table, furniture and articles used for gamingCriminal - No. 689
12 December 1941
Public Prosecutor v Bui Van Phu et al
Confiscation of money found on the gaming table, furniture and articles used for gamingCriminal – No. 689
12 December 1941
1942
Public Prosecutor v Sam
Assault by a police officerCriminal – No. 690
06 February 1942
Public Prosecutor v Robert Naturel & Simon
Recruiting without a recruiting licenceCivil – No. 691
06 February 1942
Public Prosecutor v James Vusi
Recruiting an indigenous New Hebridean woman without her husband’s consentCivil – No. 692
13 February 1942
Public Prosecutor v Andre Naturel
Illegal recruitmentCivil – No. 693
13 February 1942
1943
Public Prosecutor v Ruben
Wilful homicideCriminal – No. 694
05 January 1943
Public Prosecutor v Amede
HomicideCriminal – No. 695
06 January 1943
Public Prosecutor v M. Edmond Colardeau
Appeal of judgment by the Court of 1st Instance, Central District No. 1Civil ; Appeal– No. 696
14 May 1943
Public Prosecutor v Marcel
Unlawfully & maliciously wounding with a knifeCriminal – No. 697
22 June 1943
Public Prosecutor v Georges Delaplane
Supply of alcohol to a member of the American forcesCriminal – No. 698
22 June 1943
Public Prosecutor v Bui Ba Lam
Appeal of judgment by the Court of the 1st Instance, Central District No. 1 on supply of alcoholCivil; Appeal – No. 699
25 June 1943
*Public Prosecutor v Louis Desmoulieres
Appeal of judgment by the Court of the 1st Instance, Central District No. 1Civil; Appeal – No. 700
10 August 1943
Public Prosecutor v Nugyen Ba Vuong
Appeal of judgment by the Court of the 1st Instance for supply of alcohol to members of the American forcesCriminal; Appeal – No. 701
10 August 1943
Public Prosecutor v Do The Tro & others
Appeal of judgment by the Court of the 1st Instance for playing games of chanceCriminal; Appeal – No. 702
11 August 1943
Public Prosecutor v M. Edmond Colardeau
Appeal of judgment by the Court of the 1st Instance, Central District No. 1Civil – No. 703
20 August 1943
*Public Prosecutor v Louis Desmoulieres
Appeal of judgment by the Court of the 1st Instance, Central District No. 1Civil – No. 704
06 November 1943
Criminal – No. 705
14 December 1943
Public Prosecutor v Gardel
Employing indigenous New Hebrideans who had left their employers without permissionCriminal – No. 706
28 December 1943
1944
Public Prosecutor v William Hamlyn Harris
Breach of the recruiting regulationsCivil – No. 707
15 February 1944
Condominium v Uanako
HomicideCriminal – Order
06 June 1944
Public Prosecutor v Jimmy
Supply of alcohol to members of the American forcesCriminal; Appeal – No. 708
16 June 1944
Public Prosecutor v Madame Benebig
Appeal of judgment by the Court of the 1st Instance, Central District No. 1 for Supply of alcohol to members of the American forcesCriminal; Appeal – No. 709
23 June 1944
Public Prosecutor v Liong Ying & Lo Po
Appeal of judgment by the Court of the 1st Instance, Central District No. 1 for a breach of the Customs regulationsCriminal; Appeal – No. 710
26 June 1944
Public Prosecutor v Rev. C. G. Stallan
Appeal of judgment by the Court of the 1st Instance, Central District No. 2 for a breach of the Defence Order by taking photographsCivil; Appeal – No. 711
18 August 1944
1944
Public Prosecutor v Madame Gardel
Application for a rehearing of judgment no. 706Civil; Appeal – No. 712
29 August 1944
* Ministère Public c Société Française des Nouvelles-Hébrides
Civil - No. 712
7 September 1944
Public Prosecutor v Société Française des Nouvelles- Hébrides
Land case – application for registration No. 102 Santo for the land “Port-Olry”; creation by the Court of a native reserve of 140 hectaresCivil – No. 713
7 September 1944
Public Prosecutor v Charles Anger
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for supply of alcohol to members of the American forcesCriminal; Appeal – No. 714
26 September 1944
Public Prosecutor v Peter McLusky
Appeal of judgment by the Court of the 1st Instance for a Breach of the Customs regulationsCriminal – No. 715
26 September 1944
Public Prosecutor v André and Claude Colardeau
Appeal of judgment by the Court of 1st Instance, Central District No. 1Civil; Appeal – No. 716
19 October 1944
Criminal – No. 717
20 October 1944
Public Prosecutor v Stephen Leeman
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for not paying a surtax for operating a laundryCriminal – No. 718
26 October 1944
Public Prosecutor v Marcel
Unlawfully killing a milking cowCriminal – No. 719
07 November 1944
Public Prosecutor v Charley
Using violenceCriminal – No. 720
08 November 1944
Public Prosecutor v Willy
Publicly insulting the French governmentCivil – No. 721
14 December 1944
Public Prosecutor v Nguyen Van Tu
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for supply of alcohol to an indigenous New HebrideanCriminal; Appeal – No. 722
14 December 1944
Public Prosecutor v Vu Van Thiem
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcohol to American forcesCriminal; Appeal – No. 723
15 December 1944
Public Prosecutor v Nguyen Van Phuc
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcohol to American forcesCriminal – No. 724
15 December 1944
Public Prosecutor v Nguyen Viet Ruu
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcohol to American forcesCriminal – No. 725
15 December 1944
Public Prosecutor v Sourao and Tom
Disobeying an order to proceed with his work under Joint Defence RegulationsCriminal – No. 726
19 December 1944
Public Prosecutor v Nganga
Using insulting words towards a French citizenCriminal – No. 727
19 December 1944
Public Prosecutor v Tom Kaltoa
Killing without lawful excuse a cowCriminal – No. 728
19 December 1944
1945
*Public Prosecutor v Benga
Fraudulent use of a document to obtain moneyCriminal – No. 729
13 February 1945
Public Prosecutor v the Comptoirs Français des Nouvelles-Hébrides
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcoholCivil; Appeal – No. 730
29 June 1945
Public Prosecutor v Nguyen Viet Thong
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcohol to American forcesCriminal; Appeal – No. 731
29 June 1945
Public Prosecutor v Marcel
Re judgment no. 719 the value of the milch cow is set and the employer of Marcel has to pay the damagesCivil – No. 732
31 July 1945
Public Prosecutor v Marco
Unlawfully killing his father. Confinement to an asylum by reason of insanityCriminal – Jurisdiction
02 August 1945
Public Prosecutor v Maison Barrau (Santo Agency)
Appeal of judgment by the Court of 1st Instance, Northern District for supply of alcoholCriminal; Appeal – No. 733
04 September 1945
Public Prosecutor v C. Dillenseger
Trespass by cattleCivil; Appeal – No. 734
04 September 1945
Public Prosecutor v Nganga
Publicly insulting a French citizenCriminal – No. 735
04 September 1945
Public Prosecutor v Kalopot (alias Carlo)
Assault using a weaponCriminal – No. 736
04 September 1945
Criminal – No. 737
07 September 1945
Criminal – No. 738
09 November 1945
Public Prosecutor v Alec
Wilful murderCriminal – No. 739
26 November 1945
Public Prosecutor v Oscar Newman
Illegal recruitmentCivil – No. 740
19 December 1945
Public Prosecutor v Tomas & others
Review of judgment of the Court of 1st Instance for failing to carry out an order of the British District Agent under the Defence RegulationsCriminal – No. 741
19 December 1945
1946
Criminal – No. 742
11 January 1946
Public Prosecutor v Jean Tumahai
Engaging an indigenous New Hebridean woman without the consent of her husband & without a recruiting licenceCivil – No. 743
15 January 1946
Public Prosecutor v Auguste Nicolas
Illegal recruiting of indigenous New HebrideansCivil – No. 744
15 January 1946
Public Prosecutor v Alexandre Renevier
Supply of alcohol to indigenous New HebrideansCriminal – No. 745
15 January 1946
Public Prosecutor v Leon Giovanni
Illegal recruiting of indigenous New HebrideansCivil – No. 746
15 January 1946
Criminal – No. 747
30 April 1946
Public Prosecutor v Tam Ming
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for supply of alcohol to indigenous New HebrideansCriminal; Appeal – No. 748
30 April 1946
Public Prosecutor v Alexandre Renevier
Application for rehearing of case no. 745 re supply of alcohol to indigenous New HebrideansCriminal – No. 749
14 May 1946
Public Prosecutor v S. Mullin
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for import and supply of alcoholCriminal – No. 750
21 June 1946
Public Prosecutor v Yetika et al
Theft of alcoholCriminal – No. 751
02 July 1946
Criminal – No. 752
15 October 1946
*Public Prosecutor v Touganga
Fraudulently obtaining money from her employerCriminal – No. 753
14 November 1946
Criminal – No. 754
14 November 1946
1947
Public Prosecutor v Charles Bernard Trautwein Dupertuis
Appeal of judgment of the Court of 1st Instance, Central District No. 1 for driving a vehicle found to be in a dangerous conditionCriminal – No. 755
16 July 1947
Tanna Land dispute – boundary between the villages of Ianamakel and Ianamatangi
Civil Order
18 July 1947
Public Prosecutor v Bui Van Tam
Appeal of judgment of the Court of 1st Instance, Northern District for supply of alcohol to indigenous New HebrideansCriminal; Appeal – No. 756
19 August 1947
Public Prosecutor v Aubert Ratard
Breach of labour regulationsCriminal – No. 757
19 August 1947
Public Prosecutor v Auguste Nicolas
Application for rehearing of judgment no. 744Civil – No. 758
12 September 1947
Criminal – No. 759
25 September 1947
Public Prosecutor v Jacques de Preville
Refusing to produce to the French District Agent the labourers employed on the plantation of which he was the managerCivil – No. 760
30 September 1947
Criminal – No. 761
04 November 1947
Criminal – No. 762
24 November 1947
1948
Public Prosecutor v Paul Parise
Appeal of judgment by the Court of the 1st Instance, Northern District for supply of alcohol to indigenous New HebrideansCriminal; Appeal – No. 763
06 January 1948
Public Prosecutor v Andre Naturel
Recruiting without a recruiting licence and recruiting while carrying arms and ammunitionCivil – No. 764
09 January 1948
1948
Public Prosecutor v Jean Tumahai (known as ‘Ro’)
Application for rehearing of a judgment given by default by the Joint CourtCivil – No. 765
09 January 1948
Public Prosecutor v Andre Colardeau
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for supply of alcohol to indigenous Mew HebrideansCriminal; Appeal – No. 766
09 April 1948
Public Prosecutor v Andre & Jacques Naturel
Contempt of courtCivil – No. 767
14 May 1948
Public Prosecutor v Andre Naturel
Illegal recruitingCivil – No. 768
08 June 1948
*Ministère Public c Con
Assault causing grievous bodily harmCriminal – No. 769
02 July 1948
*M. Henin c Kalsakau et ses deux fils, Kaltoli et Krem
Contract for copra to be cut by the people of Fila Island (Ifira)
*Ministère Public c Peter Yaebi
Inflicting injuries causing deathCriminal – No. 770
30 July 1948
*Public Prosecutor v Michel
Resisting arrestCriminal – No. 771
06 August 1948
1949
Criminal – No. 772
21 January 1949
Public Prosecutor v Leong Ho
Appeal of judgment by the Court of 1st Instance, Central District No. 1 for supply of alcohol to indigenous New HebrideansCriminal; Appeal – No. 773
21 January 1949
Public Prosecutor v Timote
Assault and batteryCriminal – No. 774
06 May 1949
Public Prosecutor v Nace Kasse
Reviewing a judgment by the Native Court, Southern District
Killing and eating a dog and using violence on childrenCriminal – No. 775
18 October 1949
Public Prosecutor v Kalek
Review of judgment by the Native Court, Southern District
Striking her husband with a piece of woodCriminal – No. 776
18 October 1949
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