Public Prosecutor v Roziers [1912] VUNHJC 5; Criminal 43 (9 April 1912)

JOINT COURT OF THE NEW HEBRIDES

Nº 43

THE PUBLIC PROSECUTOR
PLAINTIFF

v

ALFRED ROZIERS, Planter, Mele
DEFENDANT

HEARING. The 9th April 1912.

CHARGED WITH having committed a breach Of Article LIX of the Convention.

JUDGMENT

This ninth day of April 1912, in the matter-of a charge against Alfred Roziers, Planter of Mele the above named Alfred Roziers stands convicted before the Joint Court for that on the 26th March 1912 he unlawfully supplied certain liquor to wit six bottles of wine and six bottles of rum to natives of the New Hebrides, contrary to articles LIX & LXI of the Convention of the 20th October 1906, which are as follows:-

Art. LIX. (1) From the date when the present Convention comes into operation no person shall, in the New Hebrides, including the Banks and Torres Islands, and within the territorial waters of the Group, sell or supply intoxicating, liquors to the natives, in any form and on any pretext whatsoever.

(2) Alcoholic drugs or cordials employed in case of disease or sickness are not included in the present prohibition.'

(3) The present prohibition shall cover spirits, beer, wine, and generally all fermented and intoxicating liquors.

Art. LXI. (1) Any breach by non-natives of Articles LVII, LIX, and LX shall be punishable by a .fine of from 4/- to £20 and imprisonment ranging from one day to one month, or by-either of these penalties.

(2) The Joint Court shall inflict the penalties and may further order the forfeiture of the arms, ammunition, or intoxicating liquors, and shall decide as to their disposal distruction.

1. As to the nullity of the Procedure:-

Whereas the Procedure followed before the Court is valid; there is therefore necessity to throw aside the plea of nullity put forward by the defendant;

2. Thereupon the Joint Court sentences the said Alfred Roziers, Planter of Mele, for his said offence, to a fine of two pounds (£2), and to pay the costs of the prosecution.

for the Joint Court.
The President.
Registrar