[manslaughter – murder – sentencing discretion – drunkenness – Norfolk Island]

R. v. Lumley

Supreme Court of Van Diemen’s Land

Pedder C.J., 6 April 1839

Source: Cornwall Chronicle, 13 April 1839

            John Lumley, committed upon the Coroner’s warrant, for the manslaughter of George Keith, was found guilty. His Honor in passing sentence upon the prisoner, told him that he had been found guilty on the clearest evidence, and had he been indicted for murder, and the same facts adduced in evidence against him, he would have been convicted of the high crime. Drunkenness, said His Honor, is an aggravation of your crime. I have ascertained since your trial, that you are not a fit man to be at large. The sentence of the Court is, that you be transported for the term of your natural life and I shall recommend your sentence to be carried into effect at Norfolk Island.