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Public Prosecutor v Hakwalili [1974] VUNHJC 46; Criminal (A) 48 of 1974 (13 December 1974)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. (A) 48 /74
of 13 December 1974

PUBLIC PROSECUTOR

V

JACOB HAKWALILI

The accused, a native of Aoba aged 19, was charged with the theft of FNH1000 belonging to Yvonne Hannah from a car parked at Blacksands on 20 November 1974. He pleaded guilty to the charge and was convicted on his plea.

The facts of the case as recounted by the Public Prosecutor were as follows. On 20 November 1974 Mrs Hannah, who had been bathing at Blacksands Beach, discovered on returning to her car that her money amounting to FNH1000 had been taken from her purse which she had left in the glove box of the car. She reported this to the Police who, in the course of enquiries, interviewed the accused. He admitted having stolen the money and handed over to the Police FNH500 remaining in his possession from the FNH1000 stolen.

The Native Advocate informed the Court that the accused was employed by the building firm S.E.L.B. at a wage of FNH10000 a month and that he had been so employed at the time of the theft the subject of this case. He said that the accused, after completing his education at the Ecole Publique, Vila, had completed a technical course at the Lycée. It appeared that the accused lived in premises at Tebakor for which he paid a monthly rent of FNH1200. The accused (whom the Court observed to be a well built young man) gave as his reason for the theft the fact that he had walked out to Blacksands; was tired and hungry and wanted money for a taxi to take him home. He said that he now regretted the theft and offered to repay the FNH500 outstanding.

The Court sentenced the accused to a fine of FNH2500, FNH500 of which it ordered should be paid in compensation to Mrs Hannah. The Court gave the accused until 31 December 1974 in which to pay the fine and in default of payment sentenced him to eight weeks' imprisonment.

GIVEN at Vila this thirteenth day of December one thousand nine hundred and seventy-four.

L. CAZENDRES
French Judge

D. R. DAVIS
British Judge

P. de GAILLANDE
Acting Registrar