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

R v Wall [1830] NSWSupC 4

burglary, elements of

Supreme Court of New South Wales

Dowling J., 26 February 1830

Source: Australian, 3 March 1830

John Wall was indicted for a burglary in the dwelling-house of John Dale, on the 8th February, at Castle Hill.

It appeared in evidence, Dale and his wife having fastened up their house on the evening of the 7th February, retired to bed, but on rising in the morning, found a slab had been removed from the chimney, through which the house was entered and plundered of some calico, print, trowsers, shirts, and various other articles. The prisoner was met about seven o'clock the same morning, near Kissing Point, by a government overseer, who took him into custody, suspecting that he was a runaway, and who found on his person property, which Dale swore had been stolen from his dwelling, as above stated.

The learned Judge, in summing up, remarked, that the Jury must dismiss from their minds the charge of burglary, as the robbery was not proved to have been committed till the morning.  To constitute a burglary, it being necessary to prove that it took place at night, when the face of man could not be seen. Guilty of larceny, on which the Judge sentenced the prisoner to be worked in irons, on the public roads, for a period of two years.

Published by the Division of Law, Macquarie University