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Public Prosecutor v Pakoa [1968] VUNHJC 7; Criminal (A) 03 of 1968 (20 August 1968)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. (A) 3/68 of 20th August, 1968.

CONDOMINIUM

v.

MORRISON PAKOA of TONGOA

JUDGMENT

The accused, MORISON PAKOA, was charged with having on the 25th January, 1968 at Lumbukuti Village on the island of Tongoa, broken and entered a store, the property of the Lumbukuti Co-operative Society and stolen fifty-four dollars. To this charge the accused pleaded guilty.

Outlining the facts Commandant WALFORD, the Public Prosecutor, informed the Court that on the 25th January, 1968 KENNETH TARIOIU, the Storekeeper of the Lumbukuti Co-operative Society, found the padlock on the door of the store belonging to the Society had been interfered with. He entered the store and on checking the cash that had been left there by him, he found that fifty four dollars were missing. The accused, when taxed with breaking and entering the store and taking the money, admitted doing so, and returned twenty dollars. The Public Prosecutor told the Court that no other money had been returned. He said that the accused was aged 19, unemployed, was of limited intelligence and had received no formal education.

Maître PUJOL, the Native Advocate, appeared for the accused and on the grounds of the youth, the lack of education and the limited intelligence of the accused, pleaded for leniency.

The Court finds the accused guilty as charged, and sentences him to three months' imprisonment, and directs that the accused be detained in custody pending the decision of Their Honours the Resident Commissioners on the sentence imposed. Should no decision be expressed by Their Honours the Resident Commissioners on the sentence imposed, within a period of three months from this date, the accused shall be released and his detention in prison shall be deemed to be in fulfilment of the sentence imposed.

DATED at Vila, this twentieth day of August, 1968 ./.

French Judge
British Judge
Registrar