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Decisions of the Superior Courts of New South Wales, 1788-1899 |
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Published by the Division of Law Macquarie University |
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[rape] R. v. Creswell Supreme Court of New South Wales Stephen J., 16 November 1825 Source: Sydney Gazette, 21 November 1825
William Creswell was indicted for an assault, with intent to commit a rape, on the person of Mary Ann Johnson, a child of 8 years old. This, as His Honor Judge Stephen observed, was one of those atrocious crimes, which, to the honour of human nature, seldom came before a Court of Justice. From the evidence of the child herself, who detailed the circumstances of the revolting transaction, corroborated by the evidence of a boy 10 years of age, who was the companion of the little girl when they were induced to accompany the prisoner in a walk down to Woolloomooloo, and who was present when the assault was made, together with the testimony of Dr. Bland, and the mother of the child, by whom she was examined, no doubt whatever was entertained by the Court of the monster's guilt; and the Jury, without a moment's hesitation, returned a verdict of Guilty. Remanded.
Stephen J., 10 November 1825 Source: Sydney Gazette, 28 November 1825
The following prisoners received sentence: … John Creswell, for an assault, with intent to commit a rape on the person of Mary Ann Johnson, a child of 8 years old, to be imprisoned for 1 year, and to stand in the pillory twice, with a label stating the nature of his offence; the first time on Thursday the 1st day of December, and the second time, on the Thursday preceding the expiration of the term of his imprisonment.[1]
Notes [1] The Gazette went on to state that at the same session, a judgment of death was recorded against John Warwick for sheep stealing, while John Flinn was sentenced to death for highway robbery. Judgment of death recorded meant that the sentence would not be carried out, while a sentence (or judgment) of death often was. In R. v. Leary, 25 November 1825 (Sydney Gazette, 28 November 1825), Leary was sentenced to death on two counts: breaking and entering with intent to steal, and with intent to commit rape. He committed the rape in the presence of the woman's husband but took no property; he was sentenced to death without recommendation for mercy. He was hanged on 12 December 1825: Sydney Gazette, 15 December 1825. On 24 December 1825, Thomas James was also sentenced to death for rape, with a suggestion that clemency might be granted: Sydney Gazette, 29 December 1825. See also R. v. Thomas Flanagan, 23 November 1825 (Sydney Gazette, 28 November 1825): he received 12 months imprisonment on being found guilty of assault with intent to commit rape: Sydney Gazette, 8 December 1825; Australian, 8 December 1825. |
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