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

R. v. Welsh and Birgan [1828] NSWSupC 33

stealing, cattle, right to counsel

Supreme Court of New South Wales

Trial, 12 May 1828

Source: Australian, 14 May 1828

Henry Welsh and Patrick Birgan were severally indicted for cattle-stealing.  The prisoner Walsh, on being called to plead to the indictment, refused, alleging as his reason, the circumstance of a sum of money which had been found upon his person at the time of apprehension being taken from him by order of the Sydney Bench of Justices, and his being a consequence deprived of the means of employing such counsel to plead his cause, as he was desirous of having.

The Judge on hearing this, enquired of the Attorney-General if the money alluded to by the prisoner had been traced as part and parcel of the proceeds arising from the robbery for which the prisoner was indicted.

The Attorney-General replied in the negative -- upon which the Judge ordered the money to be refunded to the prisoner, and sufficient time to be allowed him to communicate with counsel, preparatory to trial, should the prisoner think proper.  Decision upon the case was therefore for the time being delayed.

Published by the Division of Law, Macquarie University