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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Hecking [1799] NSWKR 9; [1799] NSWSupC 9

perjury - criminal procedure

Court of Criminal Judicature

Dore J.A., 23 October 1799

Source: Court of Criminal Jurisdiction, Minutes of Proceedings, State Records N.S.W., X905, 372-373

William Balmain Esquire one of his Majesty's Justices of the peace acting in and for this Territory appearing in Court and stating that Henry Hecking one of the witnesses in a Criminal prosecution against William Kingston who had by the said Magistrate been admitted an Evidence on the part of the Crown had grossly and wilfully departed from deposition on Oath taken and subscribed unto before the said William Balmain Esquire and had prevaricated in his Evidence sworn to before this Court on the trial of the said William [ 373] Kingston inasmuch as the said Henry Hecking denied the said deposition and declared that the same was not to the effect by him before deposed unto.

            The said William Balmain cometh before this Court and claims the protection thereof as Magistrate and prays that the said Henry Hecking may thereupon stand committed for wilful and corrupt Perjury.

            Said Henry Hecking ordered into Custody and committed by the Court accordingly.

 

Published by the Division of Law, Macquarie University