Public Prosecutor v Cao Huu Loi [1938] VUNHJC 2; Criminal 649 (27 May 1938)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No.649.

JUDGMENT

This twenty seventh day of May, one thousand nine hundred and thirty eight.

At a Public Hearing held at Vila, before:

Manuel Bosch Barrett, President.
W.D. Carew, British Judge.
C.A. Doley, French Judge.
and Charles Berthault, Public Prosecutor ,"ad hoc"
assisted By Charles Steinmetz, Acting Registrar.

Mr. Berthault appears as Public Prosecutor "ad hoc" but accused does not appear and is not represented.

By a Judgment of the Court of First Instance delivered at Vila, on the7th May, 1938, Cao Huu Loi, a Tonkinese No.4071, was convicted and sentenced to eight days imprisonment for having sold wine and cognac to New Hebrides natives, at Vila, on the 1st May, 1938. This Conviction is now before the Joint Court, for review.

The Joint Court agrees with the Verdict and sentence of the Court of First Instance. The Proces-verbal mentions the seizing of a litre of wine at the dwelling of the accused, Cao Huu Loi, after the offence had been committed, with a view to its confiscation if the Court so thought fit.

The Court of First Instance made no pronouncement with regard to this confiscation, which incidentally, is illegal.

The Joint Court confirms the Conviction of the 7th May, 1938, but orders the restitution of the liquor seized, if restitution has not already taken place.

President of the Joint Court.
French Judge
British Judge
Acting Registrar.