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Public Prosecutor v Vu Van Huyen [1939] VUNHJC 2; Criminal 657 (12 May 1939)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No.657.

JUDGMENT.

This twelvth day of May one thousand nine hundred and thirty-nine.

At a Public Hearing held at Vila;

Before:-

Manuel Bosch Barrett, President,
W.D. Carew, British Judge,
C.A. Doley, French Judge,
assisted by C. Steinmetz, Acting Registrar.

By a Judgment of the Court of First Instance (Central District) delivered at Vila on the 19th April, 1939, Vu Van Huyen, a Tonkinese, was convicted and sentenced to four days imprisonment and ordered to pay a fine of two hundred francs, under Articles 59 and 61 of the Convention of 1914, "for having attempted to sell alcoholic liquor to natives".

The case is now before the Joint Court for review.

Article 59 prohibits only the sale of alcoholic liquor; it does not penalise an attempt to sell. The conviction before the Court is accordingly unfounded and it is ordered to be quashed.

The accused Vu Van Huyen is acquitted.

No order for costs.

President of the Joint Court.
French Judge
British Judge.
Acting Registrar.