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

R v Fisher [1835] NSWSupC 97

Michelago - convict escape - highway robbery, sentencing discretion - bushranging

Supreme Court of New South Wales

In banco, Dowling J., 20 November 1835

Source: Sydney Herald, 23 November 1835[ 1]

John Fisher, one of the nine runaways from No. 2 Stockade, convicted of highway robbery on the person of Lawrence Flinn, overseer to a person named Bolaway, at Micalego Plains, on the 15th October.  His Honor Mr. Justice Dowling observed, after having briefly stated the nature of the prisoner's offence, that it was impossible that any mercy could be extended in such a case, the law was bound to protect the life and property of the wayfaring traveller from the aggressions of highwaymen, and to relieve him as far as practicable from the anxiety and dread under which he proceeds through the country in the prosecution of his business, by the lawless attacks of men, who, like the prisoner at the bar, betake themselves to the bush for the purpose of plunder; he armed as it were to the teeth, with two muskets and a pistol, met the prosecutor at the place before mentioned, and compelled him, under fear of being destroyed, to strip himself and retire while the prisoner possessed himself of what he thought proper.  It was now the painful duty of His Honor to pass upon him the awful sentence of death, and he exhorted him to banish from his mind all hope of mercy, and to prepare himself to meet his offended maker.

 

Notes

[ 1] See also Australian, 24 November 1835; Sydney Gazette, 26 November 1835. For the trial, see Sydney Herald, 5 November 1835.

Published by the Division of Law, Macquarie University