[evidence – approver, evidence by – stealing – receiving stolen property]

R. v. Williams

Supreme Court of Van Diemen’s Land

Pedder C.J., 23 July 1839

Source: Tasmanian, 26 July 1839[1]

            Thomas Williams was indicted for stealing 17 bushels of wheat, the property of Hugh McGuiness and James Bexis was indicted for receiving the same, knowing it to have been feloniously stolen, at Bream Creek, on the 7th July. Another man, named William Bass, who was joined in this information for receiving, and who had pleaded guilty, the Attorney General wished to put in the box as a witness against the other prisoners, but the Chief Justice declined acceding to this course, on the ground that Bass, having pleaded guilty, was incompetent as an evidence; had the application been made to the Court before he had been arraigned, it could have been granted. The Attorney General then said, that he could not carry the case any further against the thief, upon which His Honor remarked the prisoners must be acquitted, and although Bass had pleaded guilty, he would receive the benefit of that acquittal. Under the direction of the Court, the Jury returned a verdict of not guilty.