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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 tenants of the criminal law. This paper will review the Felons Apprehension Acts 1865-1899 (NSW) as well as equivalent legislation in Victoria and Queensland. The paper will identify how a person could be outlawed and what were 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. |
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