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Title: Outlawry in Colonial Australia: The Felons Apprehension Act 1865 (NSW)
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: Journal Article
Source of Publication: Australia & New Zealand Law and History E-Journal, p. 80-93
Publisher: ANZLH Society
Place of Publication: Auckland
ISSN: 1177-3170
Field of Research (FOR): 220204 History and Philosophy of Law and Justice
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
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