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Public Prosecutor v Sakaran [1964] VUNHJC 12; Criminal (A) 12 of 1964 (1 December 1964)

NEW HEBRIDES
JOINT COURT

JUDGMENT No. (A) 12/64
of the 1st. December, 1964

CONDOMINIUM

v

JOHNNY SAKARAN

The accused, Johnny SAKARAN, was charged before the Joint Court on the 17th July, 1964 for that between the 28th March, 1964 and the 20th day of June, 1964 on the island of Efate, he did take to his own use property, to wit the sum of 17,235 New Hebrides Francs the property of George Simelum and others which had been entrusted to him by Monsieur Yves Brault for distribution among the said George Simelum and others. On being charged the accused pleaded guilty.

The facts of the case were outlined to the Court by the Public Prosecutor who said that the accused had undertaken with others to do certain work for Union Electrique d'Outre Mer and for which they were to be paid the sum of £100. This money, when received, was to be used for the purchase of land. The money was, in fact, received by the accused, and retained by him. The 17,235 francs is the balance left after deducting the share to which the accused would have been entitled. When the accused was challenged by the others as to what had happened to their share of the money he eventually admitted that it had been used on food and taxis.

The accused was represented by Me. Pujol, the Native Advocate, who said that the accused was indebted to the chief of his village and that he was worried about this; that when he received the money for the work that had been done he utilised it to repay the chief he stressed the heretofore good character of the accused and that it was his first time in Court. He also said that the accused had made arrangements to repay the amount due at the rate of £10 per month. The Court adjourned until the 25th September and again on that date. Today the Court has been informed that the accused has repaid the sum of £36.

The Court has taken into consideration all that has been said on behalf of the accused and the efforts that he has made to return the money he received. Nevertheless it feels that a term of imprisonment should be imposed and sentences the accused to one month's imprisonment. The sentence of the Court is, of course, subject to review by the Resident Commissioners and until such time as their decision is notified the accused shall remain at large.

Dated at Vila the 1st day of December, 1964 ./.

French Judge
British Judge
Registrar

JOINT COURT OF THE NEW HEBRIDES.
CRIMINAL JURISDICTION.

JUDGEMENT No. (A) 12/64
of the 1st. December, 1964.

CONDOMINIUM

v.

Johnny SAKARAN of MAAT.

FEES due to Mr. S. DUBOIS, Bailiff, VILA.

SUMMONS TO ACCUSED:

SUMMONS TO WITNESSES:

TWO POUNDS THREE SHILLINGS AND SIX PENCE STERLING.

VILA, the 1st. December, 1964.

Registrar, E. BUTERI.

SEEN:

G. GUESDON
French Judge.

James P. TRAINOR.
British Judge