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

R v Mullally and Carrol [1833] NSWSupC 36

larceny from the person - women defendants in crime - married women's legal disabilities

Supreme Court of New South Wales

Burton J., 20 May 1833

Source: Sydney Herald, 23 May 1833[1 ]

James Mullally and Elizabeth Carrol, alias Mullally, were jointly indicted for stealing 2 dollars, 17 shillings, 4 half-crowns, one half sovereign, a six-pence, 9 halfpence, one five pound, and four one pound notes, from the person of Pat. McShelly, at Claremont, in the district of Bringelly, on the 2d April.  The prosecutor in this case was robbed of his money through some spirits being drugged by the prisoners when they committed the offence.  The jury found them guilty, and having been called up for judgment, the learned Judge sentenced each of them to be transported for their natural lives, and informed them that he should not recommend any mitigation in their sentence, or allow them to be sent to the same settlement.

 

Notes

[1 ] See also Sydney Gazette, 21 May 1833, for a longer report of the evidence but nothing on the judge's comment at the time of sentencing.  The Gazette reported that Rowe, for the prisoners, sought the protection of the law for the female defendant, as the wife of the other prisoner.  They were unable to prove the marriage as they had lost the certificate, and Burton J. said that "it would be necessary for the prisoners to prove their marriage, in order to recommend the female prisoner to the protection of the law."  See also, Australian, 24 May 1833.

Published by the Division of Law, Macquarie University