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

R v Ford [1826] NSWSupC 55

burglary - sentencing discretion, plea of guilty

Supreme Court of New South Wales

Forbes C.J., 1 September 1826

Source: Australian, 2 September 1826

 

Patrick Ford was put to the bar, capitally indicted, for burglariously breaking and entering in the night time, the dwelling-house of Mr. Throsby, on the 27th of June last, and stealing therefrom different articles, his property.  The prisoner pleaded Guilty.[1 ]

 

Forbes C.J., 4 September 1826

Source: Australian, 6 September 1826

 

The Chief Justice appeared in Court this morning at ten o'clock, and proceeded to pass sentence on - ...

John Ford, on his own plea of guilty to an indictment charging him with having committed a burglary in the dwelling-house of Mr. Charles Throsby, was next put to the bar.

His Honor said he was unwilling it should be understood that a prisoner by pleading guilty had any higher claim thereby to mercy from the hands of justice, than if he had undergone a regular course of trial.  The Court should, in this case, pronounce the sentence of the law on the prisoner; any favourable circumstance which might appear in his favor would be afterwards attended to.[2 ]

 

Notes

[1 ] See also Sydney Gazette, 2 September 1826.

[2 ] The Monitor, 8 September 1826, and Sydney Gazette, 6 September 1826, both noted that the sentence imposed was death.

 

 

Published by the Division of Law, Macquarie University