Networked Knowledge
The Outlaws in Australia Homepage

Page setup by Dr Robert N Moles

Go to: Networked Knowledge - the Henry Keogh homepage
Go to: A state of Injustice - table of contents
Go to: Losing Their Grip - The Case of Henry Keogh - table of contents

General Issues re Outlaws in Australia

The Case of Ben Hall

In these materials we look in some detail at the procedures for the declaration of outlawry under the Felons Apprehension Act (1865). In Hall's case, although he was named in the Act, the final proclamation and signature of the Governor did not occur until 10 May 1865; Hall was killed on 5 May, hence was not an outlaw as defined by this Act at the time at which he was killed.

In the book on this matter by

Peter Bradley, there is a section on the 'Felons Act' and some legal precedents for policemen having been charged with manslaughter after the death of a fugitive in the course of an arrest - most notably R v Byron, NSW Supreme Court 1825. The criminal treatise of the time, Stephen, Sir JF, A Digest of Criminal Law, 1st Ed. 1877, describes the duties and responsibilities of a coroner for this period. One minor distinction to be made in Hall's case is that it was a "magisterial" inquest, not a "coronial" inquest, although the effect and rulings are the same. In NSW, of course, the Coroner's Act (1898) consolidated several earlier statutes, including coroners inquests and magisterial inquests.

March 2007 - Application to the Coroner of NSW Re: shooting of Ben Hall

6 May 1865 - Magisterial Inquiry into death of Ben Hall - shooting of Ben Hall - Appendix 1

12 May 1865 - Police Report into shooting of Ben Hall - Appendix 2

Additional Sources

The Ben Hall web site

The Australian and New Zealand Law and History Society
The society was formed in 1993.It is an interdisciplinary group of scholars who share an interest in the connnections between law and history. The society grew out of the annual Law in History Conferences, which have been running since 1982. Members of the society include historians, lawyers, academics and others interested in the area. Most of the members live in Australia or New Zealand, but their areas of interest are not confined to the law in those places.

Australia and New Zealand Law and History Bibiography

Top of Page