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.
| Original language | English |
|---|---|
| Pages (from-to) | 80-93 |
| Journal | Australia & New Zealand Law & History E-Journal |
| Volume | 2005 |
| Publication status | Published - 2005 |
| Event | ANZLHSC 2005: 24th Annual Australian and New Zealand Law and History Society Conference: Trajectories of Law in History: The Future Behind Us - Old Government House, Auckland, New Zealand Duration: 10 Jul 2005 → 12 Jul 2005 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- Criminal Law and Procedure
- Law
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