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

R v Wilks (1832) NSW Sel Cas (Dowling) 348; [1832] NSWSupC 104

criminal procedure

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 18 February 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 127[1] 

The prisoners were convicted on the 7 & 8 Geo. 4 c. 29 (1827), s. 16 for breaking and entering and stealing in a warehouse. The indictment charged the offence to have been committed on the 26th November 1832 instead of 1831. The Court thought this objection was cured by the 7 Geo. 4 c. 64 (1826), so even though the time was of the essence of the offence, so far as that the larceny was committed at the same time with the breaking and entering the warehouse.

At Lower Portland Head on 28th December 1831 in dwelling house of John Jenkins Peacock, 7 lb tobacco £1; 20 lb tea £2; 40 lbs. sugar £1; one clothes line 6d; 1 pair shoes 5s; 1 pair boots 5s; 2 trousers £2; 4 waistcoats £2; 10 shirts; 5 pair stockings; 2 gallons wine 192s; 1 gallon of beer 2s; 5 dollars £1;8 ½ crowns 40s; sterling 20 sixpences and 3 one pound notes.

The jury found the prisoners guilty.

Note

[1] The evidence is contained in Proceedings of the Supreme Court, Vol. 63, S.R.N.S.W. 2/3246, p. 86 and is not reproduced in the Select Cases.

Published by the Division of Law, Macquarie University