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Vanuatu - Index to Vanuatu Unreported Cases - Volume 5

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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 him

Criminal – No. 663

05 February 1940

 

Public Prosecutor v Lung Yim
Supply of alcohol to indigenous New Hebrideans

Criminal – No. 664

23 February 1940

 

Public Prosecutor v Seine Sicambi
Murder & aiding and abetting murder & theft of the victim’s property

Criminal – No. 665

27 February 1940

 

Public Prosecutor v Daddlai
Theft

Criminal – No. 666

15 November 1940

 

Public Prosecutor v Kaloman
Theft

Criminal – No. 667

15 November 1940

 

Public Prosecutor v Julia
Theft

Criminal – No. 668

15 November 1940

 

Public Prosecutor v Ave (alias Ape) et al
Theft

Criminal – No. 669

15 November 1940

1941

Public Prosecutor v Andrew
Assault causing grievous bodily harm

Criminal – No. 670

17 January 1941

 

Public Prosecutor v Maison Barrau and its agent, M.A. Déplanque
Illicit increase in the selling price of controlled merchandise

Criminal – 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 merchandise

Civil – Appeal No. 672

17 January 1941

 

Public Prosecutor v M. Maurice Mitride & M. Launay
Illicit increase in the selling price of tins of fruit

Civil – Appeal No. 673

18 January 1941

 

Public Prosecutor v Nguyen Ngoc Zuyen
Driving a motor lorry with brakes not in working order

Civil – Appeal – No. 674

07 February 1941

 

Public Prosecutor v J.H. Dawkins
Boarding a vessel without a pass from the police

Civil – Appeal – No. 675

07 February 1941

 

Public Prosecutor v H.L. McLean
Failure to declare a dog to Customs

Civil – No. 676

04 April 1941

 

Public Prosecutor v Georges
Failure to declare a dog to Customs

Civil – No. 677

04 April 1941

 

Public Prosecutor v Bouteiller
Trying to recruit an indigenous New Hebridean by offering alcoholic liquor

Criminal – 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 engaged

Criminal - 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 employment

Civil –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 wife

Criminal – No. 681

13 June 1941

 

Public Prosecutor v Timote
Theft

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 woman

Criminal – No. 683

04 July 1941

 

Public Prosecutor v Mr Desmoulières
Exporting produce without examination

Criminal – Appeal No. 684

26 August 1941

1941

Public Prosecutor v Jean Lods
Appeal of decision of the Court of 1st Instance, Central District No. 1

Civil – 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 consent

Criminal– No. 686

26 August 1941

 

Public Prosecutor v Shingi Nagamine
Unauthorised possession of a wireless receiving set & not paying an annual licence fee

Criminal – No. 687

03 October 1941

 

Public Prosecutor v Daniel
Incest

Criminal – No. 688

31 October 1941

 

*Ministère Public c Bui Van Phu et al
Court heard verbal depositions

 

 

 

*Public Prosecutor v Bui Van Phu et al

Criminal– No. 689

28 November 1941

 

Public Prosecutor v Bui Van Phu et al

Criminal– No. 689

28 November 1941

 

Public Prosecutor v Bui Van Phu
Heard Mr Faurebrac, Inspector of  Indo-chinese labourers

Criminal – 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 gaming

Criminal - 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 gaming

Criminal – No. 689

12 December 1941

1942

Public Prosecutor v Sam
Assault by a police officer

Criminal – No. 690

06 February 1942

 

Public Prosecutor v Robert Naturel & Simon
Recruiting without a recruiting licence

Civil – No. 691

06 February 1942

 

Public Prosecutor v James Vusi
Recruiting an indigenous New Hebridean woman without her husband’s consent

Civil – No. 692

13 February 1942

 

Public Prosecutor v Andre Naturel
Illegal recruitment

Civil – No. 693

13 February 1942

1943

Public Prosecutor v Ruben
Wilful homicide

Criminal – No. 694

05 January 1943

 

Public Prosecutor v Amede
Homicide

Criminal – No. 695

06 January 1943

 

Public Prosecutor v M. Edmond Colardeau
Appeal of judgment by the Court of 1st Instance, Central District No. 1

Civil ; Appeal– No. 696

14 May 1943

 

Public Prosecutor v Marcel
Unlawfully & maliciously wounding with a knife

Criminal – No. 697

22 June 1943

 

Public Prosecutor v Georges Delaplane
Supply of alcohol to a member of the American forces

Criminal – 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 alcohol

Civil; Appeal – No. 699

25 June 1943

 

*Public Prosecutor v Louis Desmoulieres
Appeal of judgment by the Court of the 1st Instance, Central District No. 1

Civil; 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 forces

Criminal; 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 chance

Criminal; 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. 1

Civil – No. 703

20 August 1943

 

*Public Prosecutor v Louis Desmoulieres
Appeal of judgment by the Court of the 1st Instance, Central District No. 1

Civil – No. 704

06 November 1943

 

Public Prosecutor v Moise
Theft

Criminal – No. 705

14 December 1943

 

Public Prosecutor v Gardel
Employing indigenous New Hebrideans who had left their employers without permission

Criminal – No. 706

28 December 1943

1944

Public Prosecutor v William Hamlyn Harris
Breach of the recruiting regulations

Civil – No. 707

15 February 1944

 

Condominium v Uanako
Homicide

Criminal – Order

06 June 1944

 

Public Prosecutor v Jimmy
Supply of alcohol to members of the American forces

Criminal; 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 forces

Criminal; 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 regulations

Criminal; 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 photographs

Civil; Appeal – No. 711

18 August 1944

1944

Public Prosecutor v Madame Gardel
Application for a rehearing of judgment no. 706

Civil; 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 hectares

Civil – 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 forces

Criminal; 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 regulations

Criminal – No. 715

26 September 1944

 

Public Prosecutor v André and Claude Colardeau
Appeal of judgment by the Court of 1st Instance, Central District No. 1

Civil; Appeal – No. 716

19 October 1944

 

Public Prosecutor v Paul Leon
Theft

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 laundry

Criminal – No. 718

26 October 1944

 

Public Prosecutor v Marcel
Unlawfully killing a milking  cow

Criminal – No. 719

07 November 1944

 

Public Prosecutor v Charley
Using violence

Criminal – No. 720

08 November 1944

 

Public Prosecutor v Willy
Publicly insulting the French government

Civil – 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 Hebridean

Criminal; 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 forces

Criminal; 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 forces

Criminal – 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 forces

Criminal – No. 725

15 December 1944

 

Public Prosecutor v Sourao and Tom
Disobeying an order to proceed with his work under Joint Defence Regulations

Criminal – No. 726

19 December 1944

 

Public Prosecutor v Nganga
Using insulting words towards a French citizen

Criminal – No. 727

19 December 1944

 

Public Prosecutor v Tom Kaltoa
Killing without lawful excuse a cow

Criminal – No. 728

19 December 1944

1945

*Public Prosecutor v Benga
Fraudulent use of a document to obtain money

Criminal – 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 alcohol

Civil; 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 forces

Criminal; 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 damages

Civil – No. 732

31 July 1945

 

Public Prosecutor v Marco
Unlawfully killing his father. Confinement to an asylum by reason of insanity

Criminal – 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 alcohol

Criminal; Appeal – No. 733

04 September 1945

 

Public Prosecutor v C. Dillenseger
Trespass by cattle

Civil; Appeal – No. 734

04 September 1945

Public Prosecutor v Nganga
Publicly insulting a French citizen

Criminal – No. 735

04 September 1945

 

Public Prosecutor v Kalopot (alias Carlo)
Assault using a weapon

Criminal – No. 736

04 September 1945

 

Public Prosecutor v Peter & Kalsal
Larceny

Criminal – No. 737

07 September 1945

 

Public Prosecutor v Jonah-Nalau & others
Theft

Criminal – No. 738

09 November 1945

 

Public Prosecutor v Alec
Wilful murder

Criminal – No. 739

26 November 1945

 

Public Prosecutor v Oscar Newman
Illegal recruitment

Civil – 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 Regulations

Criminal – No. 741

19 December 1945

1946

Public Prosecutor v Abraham
Theft

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 licence

Civil – No. 743

15 January 1946

 

Public Prosecutor v Auguste Nicolas
Illegal recruiting of indigenous New Hebrideans

Civil – No. 744

15 January 1946

 

Public Prosecutor v Alexandre Renevier
Supply of alcohol to indigenous New Hebrideans

Criminal – No. 745

15 January 1946

 

Public Prosecutor v Leon Giovanni
Illegal recruiting of indigenous New Hebrideans

Civil – No. 746

15 January 1946

 

Public Prosecutor v Raymond
Theft

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 Hebrideans

Criminal; 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 Hebrideans

Criminal – 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 alcohol

Criminal – No. 750

21 June 1946

 

Public Prosecutor v Yetika et al
Theft of alcohol

Criminal – No. 751

02 July 1946

 

Public Prosecutor v Henri Clavert
Theft

Criminal – No. 752

15 October 1946

 

*Public Prosecutor v Touganga
Fraudulently obtaining money from her employer

Criminal – No. 753

14 November 1946

 

Public Prosecutor v Kaluat
Theft

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 condition

Criminal – 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 Hebrideans

Criminal; Appeal – No. 756

19 August 1947

 

Public Prosecutor v Aubert Ratard
Breach of labour regulations

Criminal – No. 757

19 August 1947

 

Public Prosecutor v Auguste Nicolas
Application for rehearing of judgment no. 744

Civil – No. 758

12 September 1947

 

Public Prosecutor v Jim Stephens
Theft

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 manager

Civil – No. 760

30 September 1947

 

Public Prosecutor v Ketty
Theft

Criminal – No. 761

04 November 1947

 

Public Prosecutor v Seoule
Theft

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 Hebrideans

Criminal; Appeal – No. 763

06 January 1948

 

Public Prosecutor v Andre Naturel
Recruiting without a recruiting licence and recruiting while carrying arms and ammunition

Civil – 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 Court

Civil – 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 Hebrideans

Criminal; Appeal – No. 766

09 April 1948

 

Public Prosecutor v Andre & Jacques Naturel
Contempt of court

Civil – No. 767

14 May 1948

 

Public Prosecutor v Andre Naturel
Illegal recruiting

Civil – No. 768

08 June 1948

 

*Ministère Public c Con
Assault causing grievous bodily harm

Criminal – 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 death

Criminal – No. 770

30 July 1948

 

*Public Prosecutor v Michel
Resisting arrest

Criminal – No. 771

06 August 1948

1949

Public Prosecutor v Henri Clavert
Theft

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 Hebrideans

Criminal; Appeal – No. 773

21 January 1949

 

Public Prosecutor v Timote
Assault and battery

Criminal – 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 children

Criminal – 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 wood

Criminal – No. 776

18 October 1949

 


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