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

R v Ready (1832) NSW Sel Cas (Dowling) 341; [1832] NSWSupC 102

breaking and entering

Supreme Court of New South Wales

Dowling J., 11 February 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 132[1] 

Where prisoners gained admission to a dwelling house through the open windows of a room under repair, and broke open an inner door of a parlour and stole property from a bedroom; held that this was not sufficient to sustain indictment for house-breaking.

Breaking and entering the dwelling house of Robert Johnstone at Annandale on 29th May 1831 and stealing one watch £2, 1 chain 1s, 1 seal £1, 1 key 1s, 1 necklace £1, 1 thimble 1/2s, goods of Julia Johnstone. 1 seal £1 of David Johnstone. 10 spoons £5, 200 shillings £10, 40 6d £1, goods of Robert Johnstone and others.

The jury found the prisoner guilty of stealing to the value of £5 in a dwelling house. Not guilty of breaking. Sentence of death was passed on the prisoner.

Note

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

Published by the Division of Law, Macquarie University