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

R. v. Cullen [1834] NSWSupC 122

assault - sodomy

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 18 November 1834

Source: Sydney Herald, 20 November 1834[1 ]

James Cullen convicted of an assault, with an intent to commit an abominable offence.  His Honor the Chief Justice observed, that in this case, one, which in the language of the law, was ``not to be named amongst christians," he should refrain addressing any observations in reference thereto; if the revolting character of the offence were not in itself sufficient to deter parties from its commission, all that the Court could observe would be totally unavailing; it only remained then to pass sentence, which was, that the prisoner be worked in irons on the public roads for the period of two years.



[ 1] James Cullen and George Dutton were charged with the capital offence of buggery on 10 November 1834, and found not guilty: Dowling, Proceedings of the Supreme Court, State Records of New South Wales, 2/3288, vol. 105, p. 82.  See also Australian, 21 November 1834; Sydney Gazette, 13 and 20 November 1834; and see R. v. Cary, 1834.

For other sodomy cases, see Burton, Notes of Criminal Cases, vol. 23, State Records of New South Wales, 2/2424, p. 41 (5 February 1836, no result, apparently); and R. v. McLean, 1836, in Burton, Notes of Criminal Cases, vol. 28, State Records of New South Wales, 2/2428, p. 26 (not guilty); R. v. Hayleton, 1836, same vol. p. 102 (guilty, sentenced to death).

Published by the Division of Law, Macquarie University