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414079

Title
Sir Alfred Stephen - A legal opinion: "Crimes committed by Bushrangers", 25 June 1840
Creator
Alfred Stephen, Sir, 1802-1894
Call number
MLMSS 7086
Level of description
fonds
Date

25 June 1840
Type of material
Textual Records
Reference code
414079
Issue Copy
Microfilm : CY 4194, frames 58-70 (MLMSS 7086)
Physical Description
1 folder - 0.01 Meters
Textual Records - (manuscript)
ADMINISTRATIVE/ BIOGRAPHICAL HISTORY

Alfred Stephen (1802-1894), chief justice and legislator, was born at St. Christopher, West Indies, son of John Stephen and his wife Mary Anne, nee Pasmore. He was educated in England, entered Lincoln's Inn in 1818 and was called to the Bar in 1823. In 1824 Alfred Stephen married Virginia Consett. Stephen and his wife arrived at Van Diemen's Land in 1825 and he was appointed solicitor-general and then crown solicitor early the following year. After the death of his wife in 1837 Stephen married Eleanor Martha Pickard in 1838. Stephen accepted a judgeship in Sydney in 1839. He was appointed puisne judge in 1841 and chief justice of New South Wales in 1845. Alfred Stephen introduced many new bills and instigated significant legal reforms during his time as chief justice. Among the many bills introduced by Stephen was the Felons Apprehension Act introduced in 1865 making it a felony to harbour or assist bushrangers. Stephen retired as chief justice in 1873 but remained active in public life until his death in 1894.
Scope and Content
25 June 1840; "Crimes committed by Bushrangers", being a legal opinion by Alfred Stephen, ms. 13pp. Alfred Stephen expresses dissatisfaction with the current law in New South Wales as it applies to bushrangers and recommends changes to bring it into line with the laws of Tasmania, rather than those of England where different conditions prevail. He addresses specific crimes and includes a comparative table of punishments in New South Wales and Van Diemen's Land. He mentions three cases that came before him and his disappointment with the penalites he was forced to hand down. (Call No.: MLMSS 7086/1)
Finding Aids
Read the transcription here: archival-classic.sl.nsw.gov.au/_transcript/2017/D00007/a2698.pdf
General note

This collection was listed as part of the Sesquicentenary of Responsible Government in NSW 1856-2006 Project..
Digital order no:Album ID : 861598
Subject
Bushrangers--New South Wales.
Convicts--Australia.
Judges--Australia.
Judges--New South Wales.
Law reform--Australia.
Lawyers, Australian--19th century.
Politicians--New South Wales--19th century.
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