Skip to Content

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

R. v. Lugg and Connor [1822] NSWKR 18; [1822] NSWSupC 18

highway robbery

Court of Criminal Jurisdiction

Wylde J.A., 7 May 1822

Source: Sydney Gazette, 10 May 1822

            William Lugg and Charles Connor,  were indicted for highway robbery, on the 11th of April last, on the person of John Leadbeater, of Prospect. The Prosecutor deposed, that he was proceeding very leisurely down the Brickfield hill on the evening of the 11th ultimo when he was joined by two men, by whom he was shortly after knocked down. He gave an immediate alarm of "murder," when the peace officers came up, and seized the prisoner Lugg in the very act of keeping the prosecutor on the ground; the other robber effected his escape. Next day the prisoner Connor was taken into custody, to whom the prosecutor positively swore as being the accomplice of prisoner Lugg, and he was therefore committed. On the trial, however, it was satisfactorily proved to the Court, that the prisoner could not have been the man, as his person failed in corresponding with that sworn to the constables, as to dress and size; and moreover this prisoner Connor pretty well-established, by evidence, that he was elsewhere at the exact time of the robbery. Another man had been apprehended subsequently to Connor, and he bore a faithful description of the real robber, to whom Leadbeater, the prosecutor, would also have sworn had he been allowed. Under these circumstances the Court had no hesitation in returning a verdict of acquittal against Connor, and Guilty against William Lugg - transportation for life.

Published by the Division of Law, Macquarie University