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

R v Jones (No 1) [1826] NSWSupC 23

highway robbery - stealing

Supreme Court of New South Wales

Stephen J.,[1 ] 14 April 1826

Source: Australian, 15 April 1826

 

Joseph Jones was indicted for robbing John Turner of a shirt, and other articles.  It appeared in evidence that prosecutor and the prisoner had a drinking match together, on the evening of the 27th of last March.  Prosecutor, from perhaps taking too copious a libation fell asleep, and on awaking, found that the prisoner, as well as a bundle, which lay on a table the previous evening, were absent; nor could either be rendered visible to the prosecutor for that or the next day.  In King-street he at length recognised part of his missing wearables on the prisoner, who, upon being taxed with robbery, offered to surrender, but Joe Raphel, another inhabitant of the same street, remonstrated against it, upon which prisoner thought fit to take to his heels, pursued by the appalling sounds of "stop thief," "stop thief," which reaching the ears of one Grimshaw, a constable, put him on the alert.  The runaway was finally secured, and the property sworn to by the prosecutor, found upon him, which was produced in Court.  In defence, the prisoner pleaded his having bought the articles at Market.  He called no corroborating evidence.  The learned Judge summed up.  To convict on a charge of highway robbery, it must be proved that one of the parties was put in bodily fear; this did not occur in the present case: prosecutor having been robbed when in a state of insensibility from intoxication, and therefore the prisoner could only be said to be guilty of larceny.  After a few minutes deliberation, the Jury brought in their verdict ---- Guilty of stealing to the value of 13d.[2 ]

 

Notes

[1 ] Forbes C.J. was on sick leave from 23 February 1826 until 29 May 1826; John Stephen was Acting Chief Justice in this period.  See Australian, 23 February and 3 June 1826.

[2 ] On 21 April 1826, he was sentenced to transportation for five years: Sydney Gazette, 26 April 1826.

Published by the Division of Law, Macquarie University