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

R. v. Stachbury and others [1820] NSWKR 19; [1820] NSWSupC 19

highway robbery - attempted rape

Court of Criminal Jurisdiction
Wylde J.A., 22 June 1820
Source: Sydney Gazette, 24 June 1820

           Thomas Strachbury, William Ford, and John Jones were indicted for a highway robbery, by taking from a cart, the property of Abigail McLucas, a considerable quantity of goods, her property; and further, on the second count, the said Strachbury was charged with violating the person of Abigail McLucas, by committing a rape on her; and further, on a third count, the said Ford was in like manner charged with committing a rape on the said Abigail McLucas, immediately after the perpetration of the said robbery, on the Liverpool road, about the hour of 8 on the evening of the 16th March last. The circumstances that were disclosed on this violent outrage, were such as to be offensive to common decency, and therefore we pass them over with the remark of there being of a most dreadful and atrocious and nature. The prisoners attempted to set at an alibi, by proving that they were all in their huts at the hour of 8 that evening; but the evidence of the prosecutrix was so strong and conclusive, and collaterally supported by the testimony of her son, a youth of 15 years old, that it was held by the Court as too powerful to be shaken by an alibi of so uncertain a nature as to the exact time; and the prisoners were all found Guilty. Remanded for sentence.

Published by the Division of Law, Macquarie University