A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished. |
Contents
1 | |
7 | |
23 | |
4 | 31 |
Cheek by Jowl | 38 |
Juries the Lash and Natives | 62 |
The Other William Blackstone | 98 |
10 | 138 |
Criminal Process under Pressure | 229 |
17 | 237 |
The First Law Reform Commission and its 1871 Report | 245 |
18 | 252 |
19 | 270 |
Yet Another Failure | 292 |
22 | 323 |
Mandatory Sentencing Repealed | 357 |
2222 | 144 |
McNaghten and Knatchbull | 154 |
12 | 165 |
13 | 172 |
14 | 186 |
15 | 194 |
Wales Courts | 210 |
The Comment Issue | 373 |
Doctor Malthus and the Baby Farmers | 387 |
George Dean and Friends | 408 |
Tidying Up in 1900 | 423 |
Table of Cases | 440 |
Common terms and phrases
accused adopted allowed Amendment appeal appointed attempt Attorney-General Australian authorities became Bill British Butler called century charged Chief Justice clause colony Commission common law conduct continued convicts counsel crime criminal law Crown death debate decision defence early effect enacted England English established evidence Executive fact felony Forbes give Governor guilty House important Innes involved Island issue January John judge jury labour land later Law Reform Legislative Legislative Council magistrates March Martin matter murder natives November offence officers Parkes parliament particular passed peace penal penalty period person police political position practice prisoner procedure proposed prosecution provision punishment question rape referred regarded relation remained Report rule sentence Sessions Sir Alfred South Wales speech statute Stephen Supreme Court Sydney taken took trial various verdict Vict witnesses
References to this book
A Jury of Whose Peers?: The Cultural Politics of Juries in Australia Kate Auty,Sandy Toussaint No preview available - 2004 |
Crime and Empire, 1840-1940: Criminal Justice in Local and Global Context Barry S. Godfrey,Graeme Dunstall No preview available - 2005 |