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Public Prosecutor v Kenneth [1966] VUNHJC 3; Criminal (A) 03 of 1966 (5 April 1966)

JOINT COURT OF THE NEW HEBRIDES

JUDGMENT No. (A) 3/66
of 5th April, 1966

CONDOMINIUM

v

WILLIE KENNETH of N'GUNA, residing at MALAPOA

The accused, WILLIE KENNETH, was charged that

1) on or about the 1st November, 1965 in the quarter of Vila known as Number Two he stole £A. 3. 0.0. the property of Charlie of N'Guna; and
2) on the night of the 6th November, 1965 in the quarter of Vila known as "Number Two" he stole. £4. 0. 0. the property of Donald Berthy of N'Guna

and to these charges he pleaded guilty.

The Court was told by the Public Prosecutor that the accused was seen taking the money belonging to Charlie of N'Guna. The Public Prosecutor also told the Court that Donald Berthy on the night of the 6th November, 1965 placed £A5 under his pillow in his bedroom but, as there was a party in his room, he went to sleep elsewhere. On his return he discovered £A.3 was missing. Donald then went to wash himself leaving £A.2 on the top of a radio and on his way back to the room he found the accused loitering in the vicinity and £A.1 gone. The accused when challenged by Donald with having taken the money at first denied it but later admitted having done so. When arrested he admitted both offences.

At the time of committing the offences the accused had no previous convictions.

Maitre de Preville, Acting Native Advocate, said that this was typical New Hebridean behaviour in that they consider themselves members of the same family and therefore see no wrong in taking what is, in their opinion, the property of a member of the family. He further added that the accused intended to borrow money to go to a Kermesse but his comrades were absent.

The Court convicts the accused and sentences him to one month's imprisonment to date from the conviction.

The accused will be remanded in custody pending the decision of Their Honours the Resident Commissioners on the sentence, to be released if the decision is not forthcoming within the said month.

DATED at Vila this 5th day of April, 1966 ./.

French Judge
British Judge
Registrar

JOINT COURT OF THE NEW HEBRIDES
CRIMINAL JURISDICTION

JUDGMENT No. (A) 3/66
of 5th April, 1966

CONDOMINIUM

v

WILLIE KENNETH of N'GUNA, residing at MALAPOA

FEES due to Mr. O. HONEGGER, Bailiff, residing at VILA.

SUMMONS TO ACCUSED:

SUMMONS TO WITNESS

ONE POUND FOURTEEN SHILLINGS AND NINE PENCE STERLING.

VILA, the 5th. April, 1966.

Register.

SEEN

G. GUESDON.
French Judge

James P. TRAINOR.
British Judge