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

R. v. Smith (No. 1) [1834] NSWSupC 61

fresh evidence - jury verdict, fresh evidence

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 17 May 1834

Source: Sydney Herald, 22 May 1834[1 ]

Thomas Smith, for highway robbery, was next put to the bar, when His Honor, Mr. Justice Burton, observed that he had been convicted on the unsupported evidence of Maria Smith, and he certainly, at the time of trial, saw no reason to doubt her testimony.  The prisoner had stated on his trial that he had subpoenaed Mr. Thomas Raine, a material witness on his behalf, who had not attended, and the Jury, on the evidence before them, had returned a verdict of guilty.  He felt bound, however, to state that he had subsequently received an attested communication from Mr. T. Raine, which satisfied him that had the prisoner had the benefit of it on his trial, the Jury would not have convicted him.  At this stage of the case, however, the Court could not do otherwise than order sentence of death to be recorded against the prisoner, but the case would be laid fully before the Executive Council, at whose hands ample justice would awarded him.



[ 1] See also Sydney Gazette, 20 May 1834; Australian, 20 May 1834.  For notes of the trial before Burton J., see Burton, Notes of Criminal Cases, State Records of New South Wales, 2/2414, vol. 11, p. 125.

Published by the Division of Law, Macquarie University