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Trinh Tien Can v Public Prosecutor [1950] VUNHJC 12; Criminal 788 (5 December 1950)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 788

The fifth day of December in the year-One thousand nine hundred and fifty;

Before Their Honours;

P. COMTE, French Judge, President;
D.M. FREEGARD, British Judge ad hoc;
and Messrs COUSTARD de NERBONNE, Assessor;
E. BUTERI, Public Prosecutor adhoc;
assisted by
S. DUBOIS, Registrar ad hoc.

This is an appeal lodged by TRINH TIEN CAN, known as BING, against his conviction by the Court of First Instance, Northern District, held on 10th August 1950, which in its judgment No.19 sentenced him to ONE months imprisonment for having sold alcoholic liquor to a native, this being a Breach of Article 59 punishable by Article 61 of the Protocol of 6th August, 1914.

The evidence of the native witness TAMTAM was taken and the Public Prosecutor ad hoc having delivered his address, the Court then proceeded to consider its judgment.

JUDGMENT

WHEREAS the appeal lodged by TRINH TIEN CAN, known as BINH, having been properly made within the prescribed period, is admissible,

AND WHEREAS there is no proof from the evidence given at this sitting that the appellant is guilty of the charge made against him,

ON THESE GROUNDS:

THE JOINT COURT reverses the judgment against which appeal has been lodged, the appellant TRINH TIEN CAN being acquitted without costs.

French Judge
British Judge ad hoc
Assessor
Registrar ad hoc