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Luu Van Boi v Public Prosecutor [1955] VUNHJC 9; Criminal Appeal 835 (27 May 1955)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No. 835.

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

Before their Honours:

Phillipe Comte, President, French Judge,
J.D. Field, British Judge ad hoc,

and Messrs.

R. Harbulot, Assessor
E. Buteri, Acting Registrar.

JUDGMENT

This is an appeal against judgment No. 29 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 Luu VAN BOI born in1910 at Lac Dao (Namdinh) Condominion employee living at Santo, to one month's imprisonment and to pay a fine of £Stg20, for having sold alcoholic liquor to New Hebrides natives.

Mr. de Préville was heard on behalf of the appellant.

The appeal is admissible, it having been lodged in due form and within the time allowed.

The Court is of the opinion that the Court of First Instance has shown a clear appreciation of the facts of this case, but has imposed a sentence which appears rather severe having regard to the circumstances surrounding the infraction.

ON THESE GROUNDS,

The judgment under appeal is confirmed on the question of guilt but is amended with regard to the sentence to be imposed.

LUU VAN BOI is therefore sentenced to eight days imprisonment and is ordered to pay costs fixed at 5/3d Sterling.

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

French Judge
British Judge
Assessor
Acting Registrar