Faatoma v Public Prosecutor [1955] VUNHJC 10; Criminal Appeal 836 (27 May 1955)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No. 836

The twenty-seventh day of May One thousand nine hundred and fifty-five.

Before their Honours

Philippe Comte, French Judge, President,
J.D. Field, British Judge ad hoc,

and Messrs.

R. Harbulot, Assessor,
E; Buteri, Acting Registrar.

JUDGMENT

This is an appeal against judgment No. 27 given on 11th March 1955 by the Court of First Instance, Northern District, which, by application of the Articles 59 and 60 of the Protocol of 6th August 1914, sentenced the appellant, PIERRE FAATOMA, known as "Petit-Pierre", born on 1st June 1930 at Papeete (Tahiti), post-office employee living at Luganville (Santo), to twenty-eight days imprisonment for having supplied alcoholic liquor to New Hebrides natives.

The appeal is admissible, it having been lodged in due form and within the time allowed.

Although a summons to appear at this hearing was served on the appellant personally, no appearance was entered by him or on his behalf.

The Court is of the opinion that the Court of First Instance has shown a clear appreciation of the facts of this case but has imposed a sentence which appears rather severe having regard to the circumstances surrounding the infraction.

ON THESE GROUNDS:

The Court confirms the judgment under appeal on the question of guilt but amends it with regard to the sentence to be imposed,

Sentences Pierre FAATOMA to fifteen days imprisonment and orders him to pay costs fixed at 5/3d Stg.

Given at a public hearing at Vila the day and year first before written.

French Judge
British Judge
Assessor
Acting Registrar