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

R v Sharland [1833] NSWSupC 79

maltreatment of animal

Supreme Court of New South Wales

Burton J., 22 August 1833

Source: Sydney Herald, 26 August 1833[1 ]

Thomas Sharland was indicted for unlawful and maliciously, maiming and wounding a mare, the property of Robert Beaver, at Dabto's Forest, Illawarra, on the 19th June.

It appeared, that the mare in question had been turned out in Dabto's Forest, on a Tuesday, on the Saturday following the owner, Beaver, went to look after here, when he found that she had been shot through the hind quarters with thirty or forty duck shot, and that she had slipped her foal in consequence; a servant to the owner of the mare deposed, that he saw the prisoner come down to a piece of forest land, on which the mare was standing, on Mr. Mitchell's farm, and fired at her hinder quarters, the mare reared and took to the  bush, and the prisoner set his dogs upon her, after which he went home; a man named Thomas Rhodes, was with prisoner at the time.

The prisoner was found guilty, and sentenced to be imprisoned for three months.

Mr. Rowe defended the prisoner.

 

Notes

[1 ] See also Australian, 23 August 1833.

The judge's trial notes are in Burton, Notes of Criminal Cases, State Records of New South Wales, 2/2407, vol. 4, p. 45.  Burton's notes often gave the civil condition of the defendant, whether bond (convict) or free.  This defendant was free.

Published by the Division of Law, Macquarie University