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Title: Outlawry in Colonial Australia: The Felons Apprehension Acts 1865-1899
Contributor(s): Eburn, Michael E (author)
Publication Date: 2005
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Abstract: In 1865 the legislature in New South Wales introduced the concept of outlawry into Australian law. From a modern lawyer's perspective, such a law, which authorised citizens to kill wanted outlaws on sight, is contrary to what we believe are fundamental tenets of the criminal law. This article reviews the Felons Apprehension Acts 1865-1899 (NSW) as well as equivalent legislation in Victoria and Queensland. It goes on to identify how a person could be outlawed and the legal consequences of outlawry. The process and consequences of outlawry under the Act will be compared to earlier Australian law and the common law of England, to show that the law, although abhorrent today, was not such a radical departure from early Anglo-Australian law.
Publication Type: Conference Publication
Conference Details: 24th Annual Conference of the Australia and New Zealand Law and History Society - Trajectories of Law in History: The Future Behind Us, Auckland, New Zealand, 10th - 12th July, 2005
Source of Publication: Australia & New Zealand Law and History E-Journal, v.2005 Refereed Paper from the 24th Annual Conference of the Australia and New Zealand Law and History Society, p. 80-93
Publisher: ANZLH Society
Place of Publication: New Zealand
ISSN: 1177-3170
Field of Research (FOR): 180110 Criminal Law and Procedure
180199 Law not elsewhere classified
Socio-Economic Objective (SEO): 940403 Criminal Justice
940499 Justice and the Law not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: E1 Refereed Scholarly Conference Publication
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