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https://hdl.handle.net/1959.11/6306
Title: | Outlawry in Colonial Australia: The Felons Apprehension Acts 1865-1899 | Contributor(s): | Eburn, Michael E (author) | Publication Date: | 2005 | Handle Link: | https://hdl.handle.net/1959.11/6306 | 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: | ANZLHSC 2005: 24th Annual Australian and New Zealand Law and History Society Conference: Trajectories of Law in History: The Future Behind Us, Auckland, New Zealand, 10th - 12th July, 2005 | Source of Publication: | Australia & New Zealand Law & History E-Journal, v.2005, p. 80-93 | Publisher: | Australia & New Zealand Law & History Society (ANZLH) | Place of Publication: | New Zealand | ISSN: | 1177-3170 | Fields of Research (FoR) 2008: | 180110 Criminal Law and Procedure 180199 Law not elsewhere classified |
Socio-Economic Objective (SEO) 2008: | 940403 Criminal Justice 940499 Justice and the Law not elsewhere classified |
Peer Reviewed: | Yes | HERDC Category Description: | E1 Refereed Scholarly Conference Publication | Publisher/associated links: | http://www.austlii.edu.au/au/journals/ANZLawHisteJl/2005/6.html http://www.anzlhsejournal.auckland.ac.nz/RP_5.htm |
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Appears in Collections: | Conference Publication |
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