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

R v Barker [1830] NSWSupC 58

stealing, clothes, women defendants in crime, felony attaint, ownership of goods

Supreme Court of New South Wales

Dowling J., 3 September 1830

Source: Sydney Gazette, 4 September 1830

Judith Barker was indicted for stealing a gown, the property of Diana Standford, and one shirt, the property of James Todd Goodsir, Esq at Sydney, on the 10th February last.

The articles in question were stolen off a line, on which they had been hung out to dry, on the premises of Mr. Goodsir, and were never heard of until about seven months after, when the gown was recognized on the person of the prisoner, by the owner, Diana Stanford, an assigned servant to Mr. Goodsir.  The other article was never recovered.  The prisoner was not seen near the premises on the day the robbery was commited [sic].

Counsel for the prisoner objected that the property found was wrong laid in the information; the alleged owner being an assigned prisoner of the Crown, and could not, in law, hold property.

The learned Judge held, that against a wrong doer, she had sufficient possession to sustain the information.

The Jury found the prisoner not guilty.

Published by the Division of Law, Macquarie University