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Public Prosecutor v Benoit [1939] VUNHJC 6; Criminal 661 (5 October 1939)

IN THE JOINT COURT OF THE NEW HEBRIDES

Judgment No.661

Before:-
Manuel Bosch Barrett, President,
W.D. Carew, British Judge,
C.A. Doley, French Judge
Assisted by Monsieur Steinmetz, Acting Registrar

Police

v

Benoit, (Native)

The native Benoit is charged by Monsieur Cassagne, Public Prosecutor, ad hoc, for that he did on the 6th August, 1939, behave in an indecent manner, to wit, by exposing his private parts in a public street in Vila.

After interrogating the accused and hearing the defence put forward by himself and his counsel, Monsieur Arnauld, and after hearing Monsieur Cassagne, Public Prosecutor, ad hoc, the Court is satisfied that the accused is not guilty of the offence charged: he was drunk at the time and his action was involuntary. He has already been punished administratively for having been drunk, and should not be punished again for that offence.

The Charge is dismissed; costs to be paid by the Condominium Government.

Dated this fifth day of October, 1939.

President of the Joint Court
French Judge
British Judge
Acting Registrar