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

R. v. Curry [1822] NSWKR 15; [1822] NSWSupC 15


Court of Criminal Jurisdiction

Wylde J.A., 19 March 1822

Source: Sydney Gazette, 22 March 1822

Thomas Curry was again placed at the bar, and indicted for the perpetration of a second burglary, on the 17th November last, in a house of Mr Thomas Rushton, the same premises that he had been already judged guilty of plundering. In this unhappy instance of determined atrocity we have to lament, that the prisoner endeavoured during his trial, and particularly on his defence, to place the whole crime to the account of his wife, declaring that she must have expected the robbery, as the stolen articles were found in his dwelling. Even in this ingenious and, we may say, novel method of exculpation, the prisoner became foiled, as a remarkable desk, forming part of the property, he had been discovered in the very act of conveying from town, and secret in contingents to the South-head road. The unhappy man was pronounced Guilty; and, being exhorted to prepare himself for death, was remanded.

Published by the Division of Law, Macquarie University