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Dinh Trong The v Public Prosecutor [1955] VUNHJC 5; Criminal Appeal 831 (16 March 1955)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No. 831.

The sixteenth day of March One thousand nine hundred and fifty-five

Before their Honours:

Philippe COMTE, French Judge, President,
J.D. FIELD, British Judge,

and

Mr. R. DELAVEUVE, Assessor,

assisted by

Mr. E. BUTERI, Acting Registrar.

This is an appeal lodged by the Vietnamese DINH TRONG THE of Vila, cook, born in 1916 at Doi Son, province of Hai-Nam (North Vietnam) against judgment No.134 given by the Court of First Instance, Central District No.1 on 25th February 1955, which sentenced the appellant to two months imprisonment and a fine of twenty pounds sterling for having on two occasions at Vila on 31st December 1954 supplied alcoholic liquor to New Hebridean natives (Breach of Article 59 punishable under Article 60 of the Protocol of 6th August 1914).

The appeal was lodged on 8th March 1955 by Mr. A. de Préville, counsel for the appellant.

At this day's sitting Dinh Trong The was examined and heard in his defence as put forward by himself and by his counsel, Mr. A. de Préville.

Mr. Bogeat, "Chef de gendarmerie" then gave evidence after which the Court retired to consider its judgment.

JUDGMENT.

Whereas the appeal, having been lodged within the prescribed period, is admissible, and

Whereas the Court of First Instance has shown a clear appreciation of the facts of this matter and has applied the law in a just manner.

ON THESE GROUNDS:

The judgment under appeal is confirmed and the appellant is ordered to pay costs taxed at the sum of 5/3d. sterling.

French Judge
British Judge
Assessor
Acting Registrar