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Decisions of the Nineteenth Century Tasmanian Superior Courts

Published by the Division of Law, Macquarie University and the School of History and Classics, University of Tasmania

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[rape – sexual assault on child]

R. v. Reid

Supreme Court of Van Diemen’s Land

Pedder C.J., 9 January 1840

Source: Cornwall Chronicle, 11 January 1840[1]

            William Reid was indicted for violating the person of Sarah Brown, an infant under the age of ten years.

This case afforded another of those horrible instances of depravity, with which the annals of our Courts of Judicature are, alas! too rife. The victim in the present instance was stated to be little more than six years of age, of the most infantine appearance, and the intelligence which she displayed (for one of such tender years) excited the admiration of the whole Court. Mr. McDowall exhibited his usual tact in overcoming timidity, and inspiring confidence so necessary to enable so young a prosecutrix to face the terrors of a Court; she, however, acquitted herself to admiration. We cannot for obvious reasons enter into any of the details, it is sufficient to remark that the proofs of the prisoner’s guilt were full and positive. The Jury found him guilty, and His Honor passed upon him the only sentence which can ever be considered as an expiation of so monstrous an offence - the sentence of death. In so doing his Honor entreated the prisoner not to flatter himself with any delusive hopes; the sentence of the law would, he assured him, be carried into execution, and it would therefore become him to prepare himself for such a consummation by incessant application to the Throne of Grace for mercy. This world would very shortly close upon him for ever.

“When from the Judge’s lips the sentence fell. Hope withering fled, and mercy signed a farewell.”

This case occupied nearly the whole day.

Notes

[1]              See also Launceston Advertiser, 16 January 1840; and see R. v. Groves, Launceston Advertiser, 9 January 1840 (not guilty of rape of 11 year old girl, but guilty of assault).