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

R v Kain (1832) NSW Sel Cas (Dowling) 305; [1832] NSWSupC 101

criminal procedure

Supreme Court of New South Wales

Dowling J., 13 February 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 133[1]

Where a prisoner was indicted for knowingly receiving goods stolen by Thomas Cannon who was convicted of that offence before the summary jurisdiction as a prisoner of the crown, held that the record of his conviction was not necessary to be produced, if the fact of stealing can be proved by an eye witness, in order to support the case against the receiver.

On 12th September 1831 at Maitland 2 bars of iron £10, goods of Robert Pringle stolen by one Thomas Cannon, he knowing them to have been stolen, did receive and have. 2nd count, 2 bars, £10, goods of James Walker.

James Walker. I superintend a store for Mr Close of Hunter's River. In September last I was acting as agent for Liverpool Packet, I received 4 bars of iron consigned to Robert Pringle. This about 7th on 12th they were lying outside the stone store near the old hulk called the St Michael . On the morning of the 13th I missed two of the iron bars. I saw two bars of iron in Maitland Court on the Friday morning which I believe were the two of them I had missed from the store, they corresponded in length, breadth and thickness.

Notes

[1] The balance of the evidence is contained in Proceedings of the Supreme Court, Vol. 63, S.R.N.S.W. 2/3246, p. 38 and was not reproduced in the Notes for Select Cases.

Published by the Division of Law, Macquarie University