[manslaughter – child, sexual assault on]

R. v. Stevens

Supreme Court of Van Diemen’s Land

Montagu J., 29 April 1840

Source: Tasmanian, 8 May 1840[1]

Benjamin Stevens was arraigned for the manslaughter of James Anderson, at Long Bay, at the beginning of April last.

Sarah French lived at Long Bay; had known the deceased James Anderson, about two years; saw him last alive some time at the beginning of April; heard a conversation between the prisoner at the bar and the deceased - something about the prisoner being in the bush with a girl named Williams; Anderson stated, that he had seen Stevens with Williams in the bush. The prisoner asked Anderson as he was sitting on the threshold of witness’s door, whether he had made such a report? The deceased said, he had not; Stevens then replied, he was a bad fellow to deny it, when Anderson called him (prisoner) a b____y liar; Stevens then kicked him, as he sat on the threshold of the door; Anderson got up, and walked about twelve yards from the door, turned back, and fell down. The prisoner Stevens immediately went to him, took him up in his arms, and cried out for some one to go directly for a doctor, wishing, at the same time, for some one to bleed him, “for God’s sake!” Some man came in, and attempted to take blood from him, but did not succeed; Anderson died in the prisoner’s arms, and Stevens kept on crying all the time, since he gave him the kick, to the time that he died - about a quarter of an hour. The prisoner was very much affected all the time, and desired to be handed over in custody to the police.

His Honor examined this witness, as to the position in which the unfortunate deceased was sitting, when he received the fatal blow; when it was proved, that he had his back placed towards the prisoner, and unfortunately happened to turn round, just as Stevens lifted up his foot, whereby he caught the kick in the front of his neck.

These are the principal facts of the case. The prisoner was found - Guilty; but his case will be taken into favorable consideration by His Honor, Mr. Justice Montagu, who perceived at once that the unfortunate occurrence was purely accident - accident, so far, as loss of life was effected.

In the charge to the Jury, His Honor displayed his usual knowledge of the law, as well as his desire to throw over the culprit the protecting shield of justice. His Honor evidently commiserated the sad condition of the poor prisoners, (who, we may observe, was very much affected) and remarked, that every circumstance connected with his case, should be minutely considered. Punishment, of some degree, he must undergo; but its extent and duration would depend upon several contingent circumstances. He was remanded for sentence.

Montagu J., 30 April 1840

Source: Hobart Town Advertiser, 8 May 1840

            Benjamin Stevens, for the manslaughter of James Anderson, was brought up for sentence. A certificate of good character, from Mr. Witton was handed in, which his Honor read from the Bench, and remarked that this was a proof how cautious persons should be of giving certificates of the kind. Mr. Witton stated, that the prisoner was a good humane man, but his police character was of a very different complexion. This document his Honor read, and a more formidable catalogue of offences we ever scarcely contemplated. Pilfering, idleness, drunkenness, profanation of the Sabbath, disobedience, assaults, threatening and obstructing constables, striking his master, &c. He appeared to have received upwards of 500 lashes, and the greater part of his time had been spent in punishment gangs. Prisoner told his Honor that he was now altogether a reformed man, and appealed to the record to shew that he had nothing against him, since March 1839. He further said, that he had been driven into the commission of the offences recorded against him by the oppressions he had been subjected to. His Honor said, this might be true - he hoped sincerely he was a reformed man; and in order to ascertain what had been his latter conduct, would remand him till Saturday, and keep open the Session on purpose. But for the remark which fell from the prisoner his Honor would have not hesitated in passing sentence of seven years transportation upon him. If however, upon enquiry, his statement turned out correct, and he was a reformed man - the sentence would be much - very much mitigated. Although his Honor could not conceive how a reformed man could commit the cruel wicked act of which the prisoner had been convicted, he must say, that no man could have behaved better after the fatal kick was given. From the moment, he had expressed the deepest contrition, taken the wounded man in his warms where he died, and in every respect behaved exceedingly well - Adjourned till Saturday.