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Kabar v Public Prosecutor [1935] VUNHJC 4; Criminal 623 (18 June 1935)

JOINT COURT OF THE NEW HEBRIDES

Nº 623

JUDGMENT

This eighteenth day of June one thousand nine hundred and thirty five.

In the matter of an appeal lodged by Rene Kabar, a French citizen, employed by Monsieur Pouillet, residing at Mele which he made by verbal declaration to the President of the Court of First instance, Central District Nº 1, such appeal being made against a judgment of this latter Court dated the twenty fifth of March one thousand nine hundred and thirty five which sentenced the said accused to eight days imprisonment and to pay a fine of one hundred francs for having supplied alcohol to a native, contrary to Articles 59 and 61 of the Convention of the 6th August, 1914.

Having heard the evidence of Rene Kabar, and the defence put forward by his Counsel, Monsieur Frouin;

And having heard the address of the Public Prosecutor, the Court then retired.

Whereas the appeal has been regularly lodged and within the period laid down by Article 21 paragraph 10 of the Convention of the 6th August, 1914.

Whereas the first judgment has made a sound estimation of the facts of the case but the penalty inflicted was too severe, taking into account the circumstances associated with the breach committed by Kabar.

NOW THEREFORE IT IS THIS DAY ADJUDGED:

The Joint Court confirms the judgment in appeal with reference to the question of guilt of the accused, but amends the penalty inflicted and sentences the said Rene mbar to pay a fine of one hundred franca and the coats of the proceedings.

And by applying Article 14 paragraph 5 of the Convention of the 6th August, 1914, fixes to four days the period of confinement in default of payment of the fine within a period of two months.

Acting President

Acting British Judge

French Judge

Acting Registrar