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

R v Lockett, Cowell and Cowell [1826] NSWSupC 47

receiving stolen goods - married women's legal disabilities

Supreme Court of  New South Wales

Forbes C.J.,[1 ] 26 July 1826

Source: Australian, 29 July 1826

 

Joseph Lockett, and Thomas Cowell, the former convicted of a highway robbery, and the other as accessary after the fact, were next put to the bar - Sentence of death, was passed on the principal,[2 ] and 14 years transportation on the accessary. ...

Jane Cowell, (wife of one of the above prisoners), convicted of receiving stolen goods, knowing the same to have been feloniously acquired, was next called on, to explain why judgment should not be pronounced on her.

The unfortunate prisoner urged that she had committed the offence, under instructions, previously given by her husband.  Sentence of 14 years transportation was then recorded.

 

Notes

[1 ]Stephen J. resigned as temporary Justice of the Supreme Court on 27 May 1826, and was not sworn in as puisne Justice until early November 1826.  See C.H. Currey, Sir Francis Forbes: the First Chief Justice of the Supreme Court of New South Wales, Angus and Robertson, Sydney, 1968, pp 97-98; Australian, 3 June 1826. In the meantime, Forbes C.J. sat alone.  The trial was reported in the Sydney Gazette on 15 July 1826.

[2 ] Lockett was hanged on 7 August 1826: Australian, 9 August 1826.

Published by the Division of Law, Macquarie University