Sir John Vincent William Barry
QC (13 June 1903 – 8 November 1969) was an Australian
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the
Supreme Court of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.
The Supreme Court comprises ...
, and an expert in
criminology
Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and so ...
.
Early life
Born the eldest child of William Edward Barry and Sarah Lena Jeanette, née Keene in
Albury, New South Wales
Albury () is a major regional city in New South Wales, Australia. It is located on the Hume Highway and the northern side of the Murray River. Albury is the seat of local government for the council area which also bears the city's name – the ...
, Barry was educated at St Patrick's College, a small
convent school
Catholic schools are pre-primary, primary and secondary educational institutions administered under the aegis or in association with the Catholic Church. , the Catholic Church operates the world's largest religious, non-governmental school syste ...
in
Goulburn
Goulburn ( ) is a regional city in the Southern Tablelands of the Australian state of New South Wales, approximately south-west of Sydney, and north-east of Canberra. It was proclaimed as Australia's first inland city through letters pate ...
. In 1921, he finished his
tertiary education
Tertiary education, also referred to as third-level, third-stage or post-secondary education, is the educational level following the completion of secondary education. The World Bank, for example, defines tertiary education as including univers ...
at the
University of Melbourne
The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb nor ...
. After being
articled
Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...
to the legal firm, Luke Murphy and Company, in 1921, Barry qualified as a lawyer in 1923, as a result of graduation from the articled clerks' course.
Legal career
On 3 May 1926, Barry was admitted to the
Victorian Bar
The Victorian Bar is the bar association of the Australian State of Victoria. The current President of the Bar is Roisin Annesley KC. Its members are barristers registered to practice in Victoria. On 30 June 2020, there were 2,179 counsels ...
, and began his practice as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
. During his time as a barrister, he was known for a
jury practice and later, an
appellate
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
and
High Court practice. After watching a murder trial, in which the accused was convicted and hanged, Barry became opposed to the use of the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. In
Mosman
Mosman is a suburb on the Lower North Shore region of Sydney, in the state of New South Wales, Australia. Mosman is located 8 kilometres north-east of the Sydney central business district and is the administrative centre for the local governm ...
,
Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
, on 16 August 1930, Barry married Ethel May Pryor. A foundation vice-president of the
Australian Council for Civil Liberties
Liberty Victoria, officially the Victorian Council for Civil Liberties (VCCL) and formerly Australian Council for Civil Liberties (ACCL), is a civil liberties group based in Victoria, Australia.
History
The Australian Council for Civil Liberties ...
from 1935, Barry became the foundation secretary of the
Medico-Legal Society of Victoria.
[
In 1939, Barry joined the ]Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
and ran, unsuccessfully, for the federal seat of Balaclava in the electoral year of 1943. However, he later became a member of the Victorian central executive in 1945–47, as well as becoming a member of the Overseas Telecommunications Commission
The Overseas Telecommunications Commission (OTC) was established by Australia in August 1946. It inherited facilities and resources from Amalgamated Wireless Australasia Limited (AWA) and Cable & Wireless, and was charged with responsibility ...
in 1946–47. He was also elected chairman of the ethics committee of the Australian Journalists' Association
The Australian Journalists Association (AJA) was an Australian trade union for journalists from 1910–1992.
In 1913 the Australian Journalists' Association merged with the Australian Writers' and Artists' Union. This union had been formed in 19 ...
, after becoming a member in 1943. Appointed as a King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
(now known as the Senior Counsel) in 1942, Barry assisted Sir Charles Lowe in the inquiry into the Darwin air raids. Representing the politician, Eddie Ward
Edward John Ward (7 March 189931 July 1963) was an Australian politician who represented the Australian Labor Party (ALP) in federal parliament for over 30 years. He was the member for East Sydney for all but six-and-a-half weeks from 1931 u ...
in a royal commission into the Brisbane Line
The "Brisbane Line" was a defence proposal supposedly formulated during World War II to concede the northern portion of the Australian continent in the event of an Proposed Japanese invasion of Australia during World War II, invasion by the Japan ...
, Barry was appointed commissioner to investigate the suspension of government in Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...
.[
]
Judicial career
Although failing to be appointed to the High Court despite Arthur Calwell
Arthur Augustus Calwell (28 August 1896 – 8 July 1973) was an Australian politician who served as the leader of the Labor Party from 1960 to 1967. He led the party to three federal elections.
Calwell grew up in Melbourne and attended St J ...
's endorsement in the cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, Barry was appointed to the Supreme Court of Victoria on 14 January 1947. Barry became a foundation chairman in the Department of Criminology at the University of Melbourne
The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb nor ...
from 1951, and a member of the Victorian Parole Board from 1957, and was knighted
A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
in the 1961 New Year Honours
The New Year Honours is a part of the British honours system, with New Year's Day, 1 January, being marked by naming new members of orders of chivalry and recipients of other official honours. A number of other Commonwealth realms also mark this ...
.[ In 1966, Barry graduated from the University of Melbourne with a Bachelor of Law, after serving nearly 20 years in the Supreme Court. From 1966, until his death in 1969, Barry was the senior ]Puisne Judge
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use
The term is used almost exclusively in common law ...
of the Supreme Court. He died of cancer on 8 November 1969 at Armadale, Melbourne and was cremated.[
]
Writing
A prolific writer, Barry wrote many books and articles, most of which concern criminology. One of his well-known biographies, ''Alexander Maconochie of Norfolk Island'', which he wrote in 1958 about penal reformer Alexander Maconochie, was described as "a fascinating tale ... Justice Barry has permeated it with warmth and understanding." Authoring the biography on John Price, ''The Life and Death of John Price: A Study in the Exercise of Naked Power'', Barry was also a contributor to the '' Australian Law Journal'' as well as the ''Australian Dictionary of Biography
The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's ...
''. A collection of letters he has written prior to his death were published posthumously as ''The Courts and Criminal Punishments''.[
]
Further reading
Barry, Sir John Vincent William (1903 - 1969)
Australian Dictionary of Biography - Online edition Australian National University
The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
Notes
{{DEFAULTSORT:Barry, John Vincent
1903 births
1969 deaths
Australian Knights Bachelor
Judges of the Supreme Court of Victoria
Legal writers
Academic staff of the University of Melbourne
Australian biographers
Male biographers
Australian King's Counsel
20th-century biographers
20th-century Australian lawyers
20th-century male writers
Australian criminologists
People from Albury, New South Wales