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Public Prosecutor v Leong Ho [1949] VUNHJC 2; Criminal Appeal 773 (21 January 1949)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No. 773.

The twenty-first of January one thousand nine hundred and forty-nine,

Before Their Honours:

This is an appeal lodged by LEONG HO, Chinese British ressortissant Storekeeper at Vila, against a judgment (No.152) given on the 21st October 1948, by the Court of First Instance (Central District No.1), held under the Presidency of the British District Agent, which sentenced the appellant to imprisonment for 21 days and a fine of Stg. 20 for having supplied alcoholic liquor to natives (Breach of Article 59 of the Protocole, punishable under Article 61 thereof).

This appeal was lodged at the Sitting of that Court of First Instance.

The accused appeared in person and was defended by Mr. PUJOL and assisted by KIM YEE, interpreter for chinese language.

After hearing the defence and the Public Prosecutor's address, the Court retired to consider its' Judgment.

JUDGMENT.

The Court of First Instance has shown a clear appreciation of the facts in this case.

The Joint Court confirms the conviction recorded by the lower Court.

And whereas there are certain extenuating circumstances in favour of the accused although he is at his second offence;

Reduces the time of imprisonment given by the Court of First Instance to seven days but maintains the fine of £STG. 20.

Costs amounting to 15/9 Stg. to be borne by the appellant.

French Judge
British Judge ad hoc
Assessor
Registrar ad hoc