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

R v Butler and others [1833] NSWSupC 8

R. v. Butler, McFarlane, Knox and Cullen

highway robbery - information, error in - sentencing discretion - Bathurst

Supreme Court of New South Wales

Forbes C.J., 23 February 1833

Source: Sydney Herald, 25 February 1833[1 ]

John Butler, Archibald McFarlane, Edward Knox, and William Cullen, convicted of highway robbery with considerable violence, were placed at the bar.  Butler took an objection as to the place where the robbery was committed, as laid in the information, and also commented upon the evidence.[2 ]  The Chief Justice observed with respect to the first objection, that the Court had always ruled, having jurisdiction over the whole Colony, that if the place was improperly laid where the offence was committed, yet if it was laid to have been committed in the Colony it was sufficient; it was no more an objection than the mistake of a parish in England, if it fell within the County.  They came before that Court as men who had exhausted all means of punishment, except the last, which the Court was now called upon to pass.  Transportation to this Colony had had no effect, for they had since committed some other offence which had caused them to be sent to an iron gang, and while there had committed the offence for which they now awaited the judgment of the Court.  Sentence of death was then passed upon them.

 

Notes

[1 ] See also Sydney Gazette, 28 February 1833.

[2 ] The trial was held on 4 February 1833 (Sydney Herald, 7 February 1833).  According to the Herald, the prisoners were indicted for highway robbery at Bathurst, near Monaghan's Downfall, in the County of Westmoreland.

Published by the Division of Law, Macquarie University