Skip to Content

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

R. v. Lucas (1837) NSW Sel Cas (Dowling) 312; [1837] NSWSupC 74

criminal procedure

Supreme Court of New South Wales

Dowling J., 7 September 1837

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 82[1 ]

Where an indictment charged the prisoner with the murder of Robert Waterworth, and it was proved that the name of the deceased was Watersworth, the jury could not decide what was his true name and were discharged from giving any verdict.

I ndictment against Thomas Lucas for the wilful murder of Robert Waterworth at Parramatta on 27th June 1831 by striking him with an axe on the left side of his head and face, thereby producing a wound of the breadth of four inches and of the depth of one inch. And John England as an accessory after the fact by receiving, harbouring, comforting and maintaining.



[1 ] The balance of the evidence is contained in Proceedings of the Supreme Court, Vol. 58, S.R.N.S.W. 2/3241, p. 112 and was not reproduced in the Notes for Select Cases.



Published by the Division of Law, Macquarie University