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

R. v. Keogh [1834] NSWSupC 115

burglary

Supreme Court of New South Wales

Burton J., 3 November 1834

Source: Sydney Herald, 10 November 1834[1 ]

Before his Honor Mr. Justice Burton.

Timothy Keogh stood indicted for breaking and entering the dwelling-house of Neil Gormon, at Sydney, on the 9th August last, and stealing therefrom, sundry articles of wearing apparel.

The prosecutor's wife stated, that her husband was attached to the corps dramatique, and sometimes amused his Majesty's lieges in the character of a soldier, and such like humble capacities, and being absent in his vocation on the evening of the day laid in the indictment, she just stepped across the street to speak to a friend and on her return she found her place had been entered.

Constable Barnet had apprehended the prisoner at a short distance from the prosecutor's house, with the articles sworn to, in his possession.

His Honor the Learned Judge, directed the Jury to dismiss the capital part of the charge, it not appearing whether the burglary had been committed in the light or dark.

The Jury returned a verdict of Larceny.  In passing sentence on the prisoner, his Honor said he should deviate from the usual practice of transporting felons of his description to Penal Settlements, as being more generally conducive to the public good, and to the interest of Justice, and thereupon sentenced him to be worked in irons on the public roads for the term of seven years.

 

Notes

[1 ] See also Sydney Gazette, 4 November 1834.  For the notes of the trial judge, see Burton, Notes of Criminal Cases, State Records of New South Wales, 2/2416, vol. 15, p. 1.

Published by the Division of Law, Macquarie University