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Mai Van Luyen v Public Prosecutor [1955] VUNHJC 8; Criminal Appeal 834 (27 May 1955)

JOINT COURT OF THE NEVI HEBRIDES.

Judgment No. 834

The twenty-seventh day of May, One thousand nine hundred and fifty five,

Before their Honours:

Philippe Comte, French Judge, President,

J.D. Field, British Judge ad hoc,

and Messrs.

R. Harbulot, Assessor,

E. Buteri, acting Registrar.

JUDGMENT

This is an appeal against judgment No.30 given on 11th March 1955 by the Court of First Instance, Northern District, which, by application of Articles 59 and 60 of the Protocol of 6th August 1914 sentenced the appellant, a Vietnamese named MAI VAN LUYE, born in 1913 at Thuc-Cao (Nam-Dinh) taximan and restaurant keeper living at Luganville (santo), to one month's imprisonment, and to pay a fine of twenty-pounds sterling for having sold alcoholic liquor to a New Hebrides native;

The appeal lodged by MAI VAN LUYEN is admissible, it having been made in due form and within the time allowed.

Mr. de Préville, appearing for the appellant, was heard in his defence, and,

Whereas the Court of First Instance has shown a clear appreciation of the facts of this case and has applied the law in a just: manner,

ON THESE GROUNDS:

The Court unconditionally confirms that the judgement under appeal, and orders that the appellant pay costs fixed at 5/3d Sterling.

Given at a public hearing at Vila the day and year first above written.

French Judge
British Judge
Assessor
Acting Registrar.