Home | Databases | WorldLII | Search | Feedback Joint Court of the New Hebrides

  Download original PDF

Public Prosecutor v Gubbay [1952] VUNHJC 5; Criminal 808 (26 September 1952)

JOINT COURT OF THE NEW HEBRIDES

Judgment No.808

The twenty-sixth day of September One thousand nine hundred and fifty-two.

Before their Honours,

A. RABY HIEATT, British Judge, President,
Philippe COMTE, French Judge,
and Messrs L. BAIRSTOW, Assessor,
BUTERI, Public Prosecutor ad hoc,
assisted by:
S. DUBOIS, Registrar ad hoc/

This is a charge against Donald GUBBAY of Santo, New Hebrides, British Subject, Trader, accused under twelve counts of having, between the months of August 1950 and October 1951, failed to notify to the British Resident Commissioner, or to the person appointed for that purpose, the engagement by the said Donald Gubbay of the native labourers DANIEL, DAMILIP, MASSING, BASIL, JAMES, PALENG, CIPRIAN, PATRICK, ENOCH, MANASSEH, JOE and DAH, within the three days of his landing, contrary to paragraph 1 of Article 39 of the Anglo-French Protocol signed on the 6th day of August, 1914.

The accused pleaded guilty and the Public Prosecutor asked for the application of the penalties provided by Article 56 of the Protocol.

JUDGMENT

The accused has pleaded guilty to twelve offences contrary to paragraph 1 of Article 39 of the Anglo-French Protocol of the 6th August, 1914. This provision of the law is simple and required but a simple act on the part of the Accused to ensure compliance.

THE COURT, upon the Accused's confession, finds the Accused guilty on all twelve counts and sentences the Accused in respect of each count to a fine of five pounds sterling (£Stg.5) to be paid forthwith or, in default of payment, to seven days' imprisonment in respect of each count.

The accused is ordered to pay costs amounting to five shillings and three pence sterling.

French Judge
British Judge
Assessor

Registrar ad hoc.