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| Maitland Circuit Court. CIVIL BUSINESS. WEDNESDAY, FEBRUARY 22, 1854. EVAN'S V. LANG. (Before his Honor Mr. Justice Dickinson and a special jury of four.) The Maitland Mercury & Hunter River General Advertiser Saturday 25 February 1854, page 4 News | 1 | mrbh 2008-08-23 14:24:43.0 | A number of lines were completely missed during the scan. I managed to get around this by continually editing the prior line - which got longer and longer - until all the missing words were inserted. |
| Maitland Circuit Court. CIVIL BUSINESS. WEDNESDAY, FEBRUARY 22, 1854. EVAN'S V. LANG. (Before his Honor Mr. Justice Dickinson and a special jury of four.) The Maitland Mercury & Hunter River General Advertiser Saturday 25 February 1854, page 4 News | 1 | mrbh 2008-07-30 18:58:39.0 | I have edited the Daniel Gardiner article down to where lines did not scan. How can I insert these? |
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| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 23:24:35.0 | Rocelvlng Stolon Proporty It would be an offence foi a poison to lereive unlawful!» piopeit} stolen oi ille- gal!} óbrame! outside A'lttoua Ten the pun ose of pro»lug guilt} knowle Ige against n person chniged with letcivine evidence could be given at an} stage of the proceed nigs of the fact Hint othei piopett} stolen »»ithin 12 months bowie the date of the offence elim gee! had been found m his pos- session It a poison was piesontcd foi nu offence nunishtble bv death mid the jin} 1 etui ned a x el diet of not ginit} on that ti mge but guiltv with respect to nnv other offence it would be lawful nftci the verdict had been given to add a count oi counts to the presentment a»cuing that the net son lind pieviously been convicted Com ment b} the Cto»»n piosocutor could he made when an licensed poison made i statement not cn onth on the failmo of the accused oi the husband oi wife of the aitused to give tv illino At piesent a hush ind couhl not be called to give evi (lenet against n wife oi a wife against a husband txttpt m uses of lngnmv Uniiri Hit bill husband and wife could give evi dence against each othei m uses or in (hrrncv in which numil i dations weie in volved Iho evidence must lu rnnohoi nt 1 In eel tun e ises the Comt ut n tin lonviction ot am pu »on loi a nits moni e mid in ideliti in lo uni nsmg mr oteltt tin ne u til | is m to i iv the whole t in» i nilton ot the losts m ned in Hie pi ee it ion in I ni eil i 1! bt n nile 1 l | iv nient ei the co ts e t I nv mine» t iken li oin Hit n iel n lis ii iib liston Hie Conn mull ive ii 1 e ni| cnsation to i telson defi ii I ii I» c i vi t 1 let su ml tbc nu tint tw n el si » ttill be «kernel jiilgment debt dut t the rtson rnti led to tttriit it Hie líbate w is i ljoui n 1 tu tlnec | Receiving Stolen Property. It would be an offence for a person to receive unlawfully property stolen or ille- gally obtaomed outside Victoria. For the purpose of proving guilty knowledge against a person charged with receiving, evidence could be given at any stage of the proceed- ings of the fact that other property stolen within 12 months before the date of the offence charged had been found in his pos- session. If a person was presented for an offence punishable by death and the jury returned a verdict of not guilty on that charge but guilty with respect to any other offence it would be lawful after the verdict had been given to add a count or counts to the presentment averring that the per- son had previously been convicted. Com- ment by the Crown prosecutor could be made when an accused person made a statement not on oath, on the failure of the accused or the husband or wife of the accused to give evidence. At present a husband could not be called to give evi- dence against a wife or a wife against a husband, except in cases of bigamy. Under the bill husband and wife could give evi- dence against each other in cases of in- decency in which family relations were in- volved. The evidence must be corrobor- ated. In certain cases the Court, upon the conviction of any person for a mis- demeanour, could, in addition to imposing sentence, order the accused person to pay the whole or any portion of the costs in- curred in the prosecution, and an order could be made for payment of the costs out of any money taken from the accused on his apprehension. The Court could award compensation to a person defrauded by a convicted person and the amount awarded would be deemed a judgment debt due to the person entitled to receive it. The debate was adjourned for three weeks. |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 23:10:51.0 | Another clause piovided that a man who lu ole into the detached 'island" window of n shop could he found guilty of shop hteakuig it piesent difficult} was fie qiitntl} experienced in proving documents te la tmg to cmgo ni rises of thefts fiom ships and wharves and it hal been found noiossai} to bung witnesses liom 1 nglnnd foi that pm pose Undei the bill nppu cull} genuine documents such as bills of lading coming with the caigo would be accepted as cudence unless it could be shown that the} were not genuine Doubt cxisttd wbethel a man could be convicted in A7letona 101 having received propcrt} which had been stolen in anothei State a tlntise was included providing that n con viction could be obtained in such cases As tho law stood now joimg children could gue unsworn .evidence ngimsl ptisons no tused of having tommittcd sexual offences against them but the accused could not he convicted on such a statement there had to be coi i oboi ation which wits usually dif ttcult to oblaiu The lull piovided that the netessni-} conoboiatiou could be furnished bv othei childi en Anothei section pio videtl that a justice could issue a senich wai rant in tases m which it was supposed were on pienusc« Prisoncis solving in dettiinmntc sentences would be placed on the same footni" as olbei pusoncis cxttpt Hint ihov could not be u leased on pi oin lion until the completion of then sentences U piesint winn a pu son wai lrleased on bond that bund lemnmel m foicc foi the lemmndei of his life that mndc lum tech nicnlls still a pitsonei. and n tlnust m Hie bill limited the temi of the bond to 10 vents Undei the bill n pusonei could bo lelcased on lend Utei lie had sei ved two venís piouduig that ho left the Slate The law now leqtiucd that a poison con victed of a felon} could be im.de to pa» the costs of Hie mostcution and also com nensation the b 11 extended Hint piovision to misdememioiu s which tould be moie sciions than felonies | Another clause provided that a man who broke into the detached "island" window of a shop could be found guilty of shop- breaking. At present difficulty was fre- quently experienced in proving documents relating to cargo in cases of thefts from ships and wharves and it had been found necessary to bring witnesses from England for that purpose. Under the bill appar- ently genuine documents. such as bills of lading, coming with the cargo would be accepted as evidence unless it could be shown that they were not genuine. Doubt existed whether a man could be convicted in Victoria for having received property which had been stolen in another State; a clause was included providing that a con- viction could be obtained in such cases. As the law stood now young children could give unsworn evidence against persons ac- cused of having committed sexual offences against them, but the accused could not be convicted on such a statement; there had to be corroboration, which was usually dif- ficult to obtain. The bill provided that the necessary corroboration could be furnished by other children. Another section pro- vided that a justice could issue a search warrant in cases in which it was supposed were on premises. Prisoners serving in- determinate sentences would be placed on the same footing as other prisoners, except that they could not be released on proba- tion until the completion of their sentences. At present when a person was released on bond, that bond remained in force for the remainder of his life; that made him, tech- nically, still a prisoner, and a clause in the bill limited the term of the bond to 10 years. Under the bill a prisoner could be released on bond after he had served two years providing that he left the State. The law now required that a person con- victed of a felony could be made to pay the costs of the prosecution and also com- pensation; the bill extended that provision to misdemeanours, which could be more serious than felonies. |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 22:57:03.0 | Jurisdiction of Minor Courts An lnipoittint change w is made in Hie juiisilittion of the Comt of Pett} Sessions winch at piescnt could ried onl} vu h rnses of Innen} m which the value of the piopeitv concerned did not exceed _2 an! even then it had juusdictioii onl» winn tilt détendant consulted As a icsult the tiniest} nas fiequtntlv seen of a biipicmc Comt nidge mid n jurv deahu" with the theft of ptopett} valued it siy t-1 Ite centlv a man dimgcd with sttnlmg a cake of chocolate w oi tit pel haps Oil vi as tiled in Oenrial Sessions befoie a jin} The bill piovided that Hie Comt of Pott» Sessions with the consult of the defendant could deni with cases m which the value of the liopcrt} conceried did not exceed £50 | Jurisdiction of Minor Courts. An important change was made in the jurisdiction of the Court of Petty Sessions, which at present could deal only with cases of larceny in which the value of the property concerned did not exceed £2, and even then it had jurisdiction only when the defendant consented. As a result the travesty was frequently seen of a Supreme Court judge and a jury dealing with the theft of property valued at, say, £3. Re- cently a man charged with stealing a cake of chocolate worth perhaps 6d. was tried in General Sessions before a jury. The bill provided that the Court of Petty Sessions, with the consent of the defendant, could deal with cases in which the value of the property concerned did not exceed £50. |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 22:51:08.0 | Undei the Crimes Act the onl} ponallj that could be impose! upon a pel son who disposed of a (lend bod} olhciwist thin bv burning; it was a fine of i1) lbc mci sine made the offence of ill gall} disposing of n deni bod} in an» wnv subjett to a pen tit» umilni to that piouled foi dis 1 o«al bv bin nmg It nKo made it mi offenic foi i puent oi gumdian to tonscnt to the defilement of a child s mind and the chilli ould bo tal en from the ptrent ot gumdinn mid placid nu lei the conti ol of the Clnl diens Avclfnic department until it iciulud the ago of 21 vens At pitsuit abdutlion was not nu offente unless it ociimod b» mums of foi ce oi fiant! The bill deleted Ihr vi oi tis foi ce oi finnd fiom piescnt legislation If i peison died as a icsult of an illegal opeiation the poison perfoim nig the oneintion nits it piesent guilt} ol mm dei but expei leuce hal shown tint junes would not com ni on a dim go ot min dor in such tasen The mensuie mnile mi illegal onriation a misdememioiu in stead "f a felon} A person pel forming nil illegil opeialion coull no1 be guilt} of mindel but might lie guilt} ot man slaiightci | Under the Crimes Act the only penalty that could be imposed upon a person who disposed of a dead body otherwise than by burning it was a fine of £5. The mea- sure made the offence of illegally disposing of a dead body in any way subject to a penalty similar to that provided for dis- posal by burning. It also made it an offence for a parent or guardian to consent to the defilement of a child's mind, and the child could be taken from the parent or guardian and placed under the control of the Chil- dren's Welfare department until it reached the age of 21 years. At present abduction was not an offence unless it occured by means of force or fraud. The bill deleted the words "force or fraud" from present legislation. If a peison died as a result of an illegal operation the person perform- ing the operation was at present guilty of murder, but experience had shown that juries would not convict on a charge of murder in such cases. The measure made an illegal operation a misdemeanour in- stead of a felony. A person performing an illegal operation could not be guilty of murder, but might be guilty of man- slaughter. |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 22:41:08.0 | weie reluctant to convict m cases othei Ulan murder in which the de ith penalty was provided The lcsult was that the accused poison vins sometimes convicted of a minni tunic niste id of the crime with which he wns chai (.ed Hie death sentence thus opeiatcd to pi event tonvittions lor Hie de iib ptnnlt} the bill in nil but two eases substituted uupiisonmeiit np to a iruoil (I 21 veils at the elis ittion of the jalur Liuhi the pitstnt In» in» poison aged moie than seven }eaii« ronld be stn tinted to (leith Hie measure alteied the age to 17 } cai s It also amended the law in i elation to incest Anothei question dealt with was the disposal of dead bodies The Cicmntion Act made it an offence tor ntl} poison to dispose of a bod» b} lim nmg otherwise than in confotmit} with the net The pennlt} foi n bl each of the act was a line of up to £500 mid impusonmcnt | were reluctant to convict in cases other than murder in which the death penalty was provided. The result was that the accused person was sometimes convicted of a minor crime, instead of the crime with which he was charged. The death sentence thus operated to prevent convictions. For the death penalty the bill, in all but two cases, substituted imprisonment up to a period of 21 years at the discretion of the judge. Under the present law any person aged more than seven years could be sen- tenced to death. The measure altered the age to 17 years. It also amended the law in relation to incest. Another question dealt with was the disposal of dead bodies. The Cremation Act made it an offence for any person to dispose of a body by burning otherwise than in conformity with the act. The penalty for a breach of the act was a fine of up to £500 and imprisonment. |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 22:35:03.0 | In explaining the unending Clinics Bill Alt Alatfmlan said tint the bill amended the liw relating to rumc and criminal olfences contained in the Climes Act lula It alteied the hw with respect to seveial offences and tcmerhed defects in proccduie Hie act of Mia imposed the death pennlt} fri nine offences but the bill reduce 1 the nennltv coull be imposed to two-mttrdci and ti munal nssault on gills ngtd less thin 10 veins Tho nlteiation xvns deslíanle foi two lemons It waB generall} lecogmsed that the death pomlt} was not can ltd oui except m cases of mm tier and consc qucntlj it did not uct as a dot« rent Junes | In explaining the Amending Crimes Bill Mr. Macfarlan said that the bill amended the law relating to crime and criminal offences contained in the Crimes Act 1915. It altered the law with respect to several offences and remedied defects in procedure. The act of 1915 imposed the death penalty for nine offences, but the bill reduced the penalty could be imposed to two—murder and criminal assault on girls aged less than 10 years. The alteration was desirable for two reasons. It was generally recognised that the death penalty was not carried out except in cases of murder, and conse- quently it did not act as a deterrent. Juries |
| PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty. The Argus Friday 23 August 1929, page 8 News | 2009-01-07 22:30:24.0 | Impoitaiit amendment* of the In» le luting to ci unes und offences aro contained in the Amending Clunes Bill mid the Amending Police Offences Hill the second lending ol which was moved in Hie Legisla live Vssembl} 1» the Attornr} General (Air Alaunrlin) xcsteidn} nfteinoon Arno ig other Hunns the numbei of cluney foi which Hie death pen alt} can be imposed is lednttl ind the law with Itspeet to die al opctntions is altin 1 I lit pubhin non of fuiudulent ndieitiscnienls is pio lubittl nnl ligisl ition with lespcrt to stitel offi nee« and betting is made mon stimgent | Important amendments of the law re- lating to crimes and offences are contained in the Amending Crimes Bill and the Amending Police Offences Bill, the second reading of which was moved in the Legisla- tive Assembly by the Attorney-General (Mr. Macfarlane) yesterday afternoon. Among other things, the number of crimes for which the death penalty can be imposed is reduced, and the law with respect to illegal operations is altered. The publica- tion of fraudulent advertisements is pro- hibited, and legislation with respect to street offences and betting is made more stringent. |
| MARRIED DECEASED WIFE'S NIECE Northern Territory Times Friday 31 August 1928, page 8 News | 2009-01-07 22:22:47.0 | A case which may possible lead to an» amendment' of* the "ia,v regarding degn«es of relationship "in which 'marriage is il- legal'' Was decided on, Tuesday in the Scottish' "Court of Criminal Appeal. A hoth parties were convicted of incest. The' ju'dge pointed" out that the law now permitted' à "man to* udarry his deceased Xvife'è1 sister but" forbade his marrying his deceased' wife's sistar's daughter. He hope'd" the case would direct public í t tention to the anomaly. The accuesd in | A case which may possible lead to an amendment of the law regarding degrees of relationship in which marriage is il- legal was decided on Tuesday in the Scottish Court of Criminal Appeal. A both parties were convicted of incest. The judge pointed out that the law now permitted a man to marry his deceased wife's sister but forbade his marrying his deceased wife's sister's daughter. He hoped the case would direct public at- tention to the anomaly. The accused in |
| MARRIAGE LAW Scottish Court Case LONDON, Tuesday. The Canberra Times Thursday 30 August 1928, page 1 News | 2009-01-07 22:20:25.0 | A case, which ' possibly will 'lead to ages aro legal, was decided at the Scot- tish 'Court of Criminal Appeal. A man man led his deceased wife's niece. Both, were convicted of incest. The judge pointed out' Hint the law now permitted a man to marry his 'dec used his deceased w'ife's sister's daughter. Thy judge'hoped the cani> would direct accused, in view of lils ignorance of the | A case, which possibly will lead to ages are legal, was decided at the Scot- tish Court of Criminal Appeal. A man married his deceased wife's niece. Both were convicted of incest. The judge pointed out that the law now permitted a man to marry his deceased his deceased wife's sister's daughter. The judge hoped the case would direct accused, in view of his ignorance of the |
| Gaol For Incest The Canberra Times Wednesday 22 August 1951, page 4 News | 2009-01-07 22:16:59.0 | PERTH, Tues. - Robert Gor- ¡with his teenage sister, now 17, was to-day sentenced to 2i years :beon divorced and Patterson had been, raiped In an orphanage, . ; | PERTH, Tues. — Robert Gor- with his teenage sister, now 17, was to-day sentenced to 2½ years been divorced and Patterson had been raised in an orphanage. |
| WARWICK. (From the Examiner and Times.) The Brisbane Courier Tuesday 16 July 1867, page 3 News | 2009-01-07 22:02:25.0 | ing morning ice was to bo seen fully a quarter of an inch in thickness. I Wo woro favorod the other day with a sample I of cotton grown noar Sondy Oreok, o fow miles I from this town. It is described by thoso who aro acquainted with it ns being very fino, and an We havo no doubt that cotton is well suited for this distriot, as tho sample wo havo roooivod has | boen grown and arrived at maturity without any caro being bostowod upon it. A man named Hugh Jones, a shephord at | Toolburra, roceirod an acoidont a fow days ago. He was in pursuit of a nativo bear, and followed the animal up a troe. When he had got about thirty feet high, the fork gavo woy, and ho fell heavily to the ground, soriously injuring his | ing morning ice was to be seen fully a quarter of an inch in thickness. We were favored the other day with a sample of cotton grown near Sandy Creek, a few miles from this town. It is described by those who are acquainted with it as being very fine, and an We have no doubt that cotton is well suited for this district, as the sample we have received has been grown and arrived at maturity without any care being bestowed upon it. A man named Hugh Jones, a shepherd at Toolburra, received an accident a few days ago. He was in pursuit of a native bear, and followed the animal up a tree. When he had got about thirty feet high, the fork gave way, and he fell heavily to the ground, seriously injuring his |
| CENTRAL POLICE COURT. TUESDAY, OCTOBER 16. The Brisbane Courier Wednesday 17 October 1866, page 3 News | 2009-01-07 21:57:00.0 | BEFOUE tho Polico Magistrate. DBUNKENMHSS.-Kuri Thin and Hans Rolf woro onoh fined 5s., and Hugh Jones and Cathoriuo Collins wero fined 10a. for this of feneo. LABCENY.-Sarah Campboll was charged with stealing from a dwolliug houso. Tho ohiu'go was withdrawn by tho prosecutor. TUESDAY, OCTOBRE 16. | BEFORE the Polico Magistrate. DRUNKENNESS.—Karl Thin and Hans Rolf were each fined 5s., and Hugh Jones and Catherine Collins were fined 10s. for this of- fence. LARCENY.—Sarah Campbell was charged with stealing from a dwelling house. The charge was withdrawn by the prosecutor. TUESDAY, OCTOBER 16. |
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