Public Prosecutor v Shadrak [1935] VUNHJC 7; Criminal 628 (27 August 1935)

JOINT COURT OF THE NEW HEBRIDES

JUDGMENT NO. 628

JUDGMENT

This twenty seventh day of August one thousand nine hundred and thirty five before Their Honours:-

	PAUL CRUYL,	Acting President.
	R.JANVIER,	French Judge.
	W.D. CAREW,	Acting British Judge.
assisted by	Monsieur STEIN METZ,	Acting Registrar.

WHEREAS, according to a:Judgment dated the 28th January,1935, the Native Court of the Southern Islands sentenced the native SHADRAK of the village of Shekem, Tanna, to imprisonment for life with hard labour for the murder of his wife named Fatimen.

WHEREAS, in view of the circumstances of the case, especially the absence of premeditation and the youth of the accused, it is deemed expedient to apply to the offence the qualifications and penalty provided by Section 2 of Article 1 of the New Hebrides (Native Offences penalties).

NOW THEREFORE IT IS THIS DAY ADJUDGED: The Joint Court, by virtue of the powers conferred by Article 8, paragraph 12 of the Convention of the 6th August 1914, varies the sentence of life imprisonment pronounced on the said Shadrak by the Native Court of the Southern Islands on the 28th January,1935, and orders that the said sentence be reduced to fifteen years imprisonment with hard labour.

Acting President

Acting British Judge

French Judge

Acting Registrar