Ordinance 17 Victoria Number 7
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Ordinance 17 Victoria Number 7
Ordinance 17 Victoria Number 7, entitled Ordinance for the Suppression of Violent Crimes Committed by Convicts Illegally at Large, was an ordinance that permitted capital punishment for escaped convicts who committed violent crimes while on the run in Western Australia. It was given royal assent in May 1854, and not repealed until 1903. Designed to protect free settlers from violent crimes by escaped convicts, the ordinance permitted capital punishment for offences much less serious than the usual capital crimes of murder, rape and assault with intent to murder. Ordinance 17 Victoria Number 7 was only invoked three times in the Convict era of Western Australia. In one case, a sentence of death was not passed; and in another, a sentence of death was passed but the sentenced men were reprieved by the governor. The only occasion on which a sentence of death secured using the ordinance was carried out was in the trial of Robert Palin Robert Thomas Palin (c.1835 – 6 July 1861) ...
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Convicts
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convicts, especially those recently released from prison, is "ex-con" ("ex-convict"). Persons convicted and sentenced to non-custodial sentences tend not to be described as "convicts". The label of "ex-convict" usually has lifelong implications, such as social stigma or reduced opportunities for employment. The federal government of Australia, for instance, will not, in general, employ an ex-convict, while some state and territory governments may limit the time for or before which a former convict may be employed. Historical usage The particular use of the term "convict" in the English-speaking world was to describe the huge numbers of criminals, both male and female, who clogged British gaols in the 18th and early 19th century. Their crimes ...
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Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a total land area of . It is the second-largest country subdivision in the world, surpassed only by Russia's Sakha Republic. the state has 2.76 million inhabitants  percent of the national total. The vast majority (92 percent) live in the south-west corner; 79 percent of the population lives in the Perth area, leaving the remainder of the state sparsely populated. The first Europeans to visit Western Australia belonged to the Dutch Dirk Hartog expedition, who visited the Western Australian coast in 1616. The first permanent European colony of Western Australia occurred following the ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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Assault With Intent To Murder
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batter ...
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Convict Era Of Western Australia
The convict era of Western Australia was the period during which Western Australia was a penal colony of the British Empire. Although it received small numbers of juvenile offenders from 1842, it was not formally constituted as a penal colony until 1849. Between 1850 and 1868, 9,721 convicts were transported to Western Australia on 43 convict ship voyages. Transportation ceased in 1868, but it was many years until the colony ceased to have any convicts in its care. Convicts at King George Sound The first convicts to arrive in what is now Western Australia were convicts of the New South Wales penal system, sent to King George Sound in 1826 to help establish a settlement there. At that time, the western third of Australia was unclaimed land known as New Holland. Fears that France would lay claim to the land prompted the Governor of New South Wales, Ralph Darling, to send Major Edmund Lockyer, with troops and 23 convicts, to establish the King George Sound settlement. Lockyer's pa ...
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Governor Of Western Australia
The governor of Western Australia is the representative in Western Australia of the monarch of Australia, currently King Charles III. As with the other governors of the Australian states, the governor of Western Australia performs constitutional, ceremonial and community functions, including: * presiding over the Executive Council of Western Australia, Executive Council; * proroguing and dissolving the Western Australian Legislative Assembly, Legislative Assembly and the Western Australian Legislative Council, Legislative Council; * issuing writs for List of Western Australian Legislative Assembly elections, elections; and * appointing Cabinet minister, Ministers, Judges, Magistrates and Justice of the Peace, Justices of the Peace. Furthermore, all bills passed by the Parliament of Western Australia require the governor's signature before they become acts and pass into law. However, since convention almost always requires the governor to act on the advice of the Premier of Weste ...
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Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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Robert Palin
Robert Thomas Palin (c.1835 – 6 July 1861) was a convict transported to Western Australia. His execution in 1861 was the only time in the convict era of Western Australia that Ordinance 17 Victoria Number 7 was used to secure the capital punishment of a convict for a crime not normally punishable by death. Born around 1835, nothing is known of Robert Palin's early life except his criminal record. In 1851, he was sentenced to ten years' imprisonment for housebreaking; in 1853, he was tried but acquitted of murder; and in March 1856, he was convicted of "burglary from the person" and sentenced to penal servitude for life. At the time of his sentencing, he was described as a shoemaker by trade. Palin was transported to Western Australia on the ''Nile'', arriving in January 1860. His behaviour was good both during and after the voyage. In April 1860, he was appointed a probationary constable and received his ticket of leave in January 1861. At that time he had a house in Freman ...
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Robbery With Violence
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types ...
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Convictism In Western Australia
The convict era of Western Australia was the period during which Western Australia was a penal colony of the British Empire. Although it received small numbers of juvenile offenders from 1842, it was not formally constituted as a penal colony until 1849. Between 1850 and 1868, 9,721 convicts were transported to Western Australia on 43 convict ship voyages. Transportation ceased in 1868, but it was many years until the colony ceased to have any convicts in its care. Convicts at King George Sound The first convicts to arrive in what is now Western Australia were convicts of the New South Wales penal system, sent to King George Sound in 1826 to help establish a settlement there. At that time, the western third of Australia was unclaimed land known as New Holland. Fears that France would lay claim to the land prompted the Governor of New South Wales, Ralph Darling, to send Major Edmund Lockyer, with troops and 23 convicts, to establish the King George Sound settlement. Lockyer's pa ...
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