Sir Sidney Rowlatt:-

This is an appeal in forma pauperis by special leave from the judgment of the Supreme Court of Fiji sitting at the Lautoka Circuit Court dated 17th May 1934 by which the appellant was found guilty of the murder of a boy named Ramautar, and being a young person within the meaning of the Fiji Ordinance No. 37 of 1932 was, pursuant to S.12, sentenced to be detained as the Governor might direct. The appellant is in fact about 16 years old. Ramautar, the boy alleged to have been murdered, was about 13 years old. Pursuant to Ordinance No. 6 of 1875 the trial was held before the Chief Justice of Fiji, who is the only Judge in the Island, sitting with assessors, and by S. 29 of the same Ordinance the decision was vested solely in the Judge. By virtue of S. 32 of Ordinance No. 4 of 1875 the trial, for all purposes material to the present appeal, fell to be governed by the English common law.

The materials before their Lordships on the hearing of the appeal consisted of the official note (not taking questions and answers verbatim), the Judge's own somewhat abbreviated notes, a resume of the remarks of the Chief Justice to the assessors at the close of the case, in the natu