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

R v Tunney and Durand [1833] NSWSupC 81

stealing - Goulburn Plains - perjury - convict punishment

Supreme Court of New South Wales

Burton J., 24 August 1833

Source: Sydney Herald, 26 August 1833[ 1]

Saturday. - Before Judge Burton and the usual Commission.

Hugh Tunney was indicted for stealing a morticing axe, the property of William Merritt, at Goulburn Plains, on the 2d January.

There was not a single charge against the man, and Judge Burton termed the case a plot and a conspiracy, and ordered that the public should not be put to the expenses of the prosecution, but that Mr. Merritt should pay them himself, at the same time he ordered a man named Durand, assigned to the prosecutor, into custody, with directions to the Solicitor General to inform the Colonial Secretary, that he (the learned Judge) was of opinion that Durand had been guilty of swearing falsely, and recommended that he should not be again assigned to private service.

 

Notes

[1 ] See also Sydney Gazette, 27 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. 105.

Published by the Division of Law, Macquarie University