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Public Prosecutor v Colardeau [1948] VUNHJC 4; Criminal Appeal 766 (9 April 1948)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 766

Public Hearing of the Joint Court held on Friday ninth April One thousand nine hundred and forty eight,

Before Their Honours:

This is an appeal lodged by André COLARDEAU, French citizen, planter living at Vila, against judgment No. 35 given on 17th February 1948 by the Court of First Instance, Central District No. 1 sitting under the Presidency of the French District Agent, which sentenced him to 28 days imprisonment and to pay a fine of £Stg 40 (7 days imprisonment and £Stg10 fine on each of four convictions) for having at Vila on 2nd July, 13th September, 27th September and 1st November 1947 sold or supplied alcoholic liquor to natives. (Breach of Article 59 of the Protocol of 6th August 1914, punishable under Article 61 of the said Protocol)

The appeal, having been lodged in the required form and within the prescribed period, is admissible.

The accused gave evidence in his defence and the evidence of witness was taken. The Public Prosecutor then delivered his address after which the Court retired to consider its judgment.

JUDGMENT

The Court of First Instance has shown a clear appreciation of the facts in this case and has applied the law in a just manner,

ON THESE GROUNDS,

The judgment given by the Court of First Instance, Central District No. 1, in which André COLARDEAU was sentenced to pay a fine of Forty Pounds Sterling and to undergo twenty eight days imprisonment, is affirmed.

Costs amounting to 9/- Stg to be borne by the appellant.

French Judge
British Judge ad hoc
Assessor
Registrar ad hoc