R V Bonjon
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R V Bonjon
''R v Bonjon'' was a criminal court case, decided in the Supreme Court of New South Wales for the District of Port Phillip on 16 September 1841, in which Bonjon, an Aboriginal man, had been charged with murder for killing Yammowing, another Aboriginal man. The main issue in the case was whether the colonial courts had jurisdiction over offences committed by Aboriginal people ''inter se'', that is, by one Aboriginal person against another.''R v Bonjon'841">[1841NSWSupC_92_Supreme_Court_of_New_South_Wales_for_the_District_of_Port_Phillip.html" "title="841NSWSupC_92.html" ;"title="841">[1841NSWSupC 92">841">[1841NSWSupC 92 Supreme Court of New South Wales for the District of Port Phillip">Supreme Court of NSW (District of Port Phillip). Judge Willis extensively considered the legal situation as to the British acquisition of sovereignty over Australia, and its consequences for the Aboriginal people. Though not finally deciding the question, he indicated that he strongly doubted ...
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Supreme Court Of New South Wales For The District Of Port Phillip
The Supreme Court of New South Wales for the District of Port Phillip was an historical division of the Supreme Court of New South Wales, exercising the jurisdiction of that court within the Port Phillip District of New South Wales. It consisted of a single Resident Judge. It existed from 1840 until 1852, when, following the separation of the Port Phillip District to form the Colony of Victoria, it was replaced by the Supreme Court of Victoria. Jurisdiction The initial jurisdiction of the Port Phillip division was set out under the ''Administration of Justice Act 1840'' (NSW). For the most part, its jurisdiction was the same as the Supreme Court of New South Wales' ordinary jurisdiction, with the Resident Judge able to exercise all the powers and jurisdiction of the court, including powers and jurisdiction exercisable by a full bench. In addition to creating the position of Resident Judge, the legislation removed from the court in Sydney the jurisdiction at first instance over ...
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Gulidjan
The Gulidjan people (perhaps originally Kolidjon,), also known as the Kolakngat, or Colac tribe, are an Aboriginal Australian tribe whose traditional lands cover the Lake Colac region of the state of Victoria, Australia. They occupied the grasslands, woodlands, volcanic plains and lakes region east of Lake Corangamite, west of the Barwon River and north of the Otway Ranges. Their territory bordered the Wathaurong to the north, Djargurd Wurrung to the west, Girai Wurrung to the south-west, and Gadubanud to the south-east. Language The Gulidjan language was first identified in 1839, although much of the detail and vocabulary has been lost, there is sufficient to confirm that it constituted a separate language. About 100 words of the Gulidjan language have survived. Some analysis suggests it may be a mixed language or creole language having something in common with each of the neighboring languages. The word ''Colac/Kokak'' derives from the Gulidjan word ''kulak'' (sand) and the ...
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English Language
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the island of Great Britain. Existing on a dialect continuum with Scots, and then closest related to the Low Saxon and Frisian languages, English is genealogically West Germanic. However, its vocabulary is also distinctively influenced by dialects of France (about 29% of Modern English words) and Latin (also about 29%), plus some grammar and a small amount of core vocabulary influenced by Old Norse (a North Germanic language). Speakers of English are called Anglophones. The earliest forms of English, collectively known as Old English, evolved from a group of West Germanic (Ingvaeonic) dialects brought to Great Britain by Anglo-Saxon settlers in the 5th century and further mutated by Norse-speaking Viking settlers starting in the 8 ...
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Protector Of Aborigines
The role of Protector of Aborigines was first established in South Australia in 1836. The role became established in other parts of Australia pursuant to a recommendation contained in the ''Report of the Parliamentary Select Committee on Aboriginal Tribes, (British settlements.)'' of the UK's Parliamentary Select Committee on Aboriginal Tribes. On 31 January 1838, Lord Glenelg, Secretary of State for War and the Colonies sent Governor Gipps of NSW the report. The report recommended that protectors of Aborigines should be engaged. They would be required to learn the Aboriginal language and their duties would be to watch over the rights of Indigenous Australians (mostly mainland Aboriginal Australians, but also Torres Strait Islander people), guard against encroachment on their property and to protect them from acts of cruelty, oppression and injustice. In many colonial, state, territory and similar jurisdictions a chief protector was appointed. Matthew Moorhouse became the ...
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George Augustus Robinson
George Augustus Robinson (22 March 1791 – 18 October 1866) was a British-born colonial official and self-trained preacher in colonial Australia. In 1824, Robinson travelled to Hobart, Van Diemen’s Land, where he attempted to negotiate a peace between European settlers and Aboriginal Tasmanians prior to the outbreak of the Black War. He was appointed Chief Protector of Aborigines by the Aboriginal Protection Board in Port Phillip District, New South Wales in 1839, a position he held until 1849. Early life Robinson was born on 22 March 1791, probably in London, England, to William Robinson, a construction worker, and Susannah Robinson (''née'' Perry). He followed his father into the building trade, married Maria Amelia Evans on 28 February 1814, and had five children over the next ten years. He was connected with the engineering department at the Chatham Dockyard and had some involvement with the construction of martello towers along England's coast, possibly as ...
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Plea To The Jurisdiction
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, '' nolo contendere'' (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States). The concept of the plea is one of the significant differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted, and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession do ...
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Capacity (law)
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of '' parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract wit ...
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James Croke
James Croke (1789 – 10 March 1857) was Solicitor-General of Victoria (Australia) and a politician, a member of the Victorian Legislative Council. Croke was born in County Cork, Ireland, the son of William Croke, a farmer. Croke was educated at Trinity College, Dublin.''Alumni Dublinenses : a register of the students, graduates, professors and provosts of Trinity College in the University of Dublin (1593–1860)'', George Dames Burtchaell/Thomas Ulick Sadleir p. 194: Dublin, Alex Thom and Co, 1935 He was admitted to the Irish Bar in 1821 and practised in the Munster circuit. Croke arrived in Sydney, New South Wales on Sydney on 25 July 1839 and in the Port Phillip District The Port Phillip District was an administrative division of the Colony of New South Wales from 9 September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria. In September 1836, NSW Colonial Sec ... in November 1839. He was appointed Crown prosecutor ...
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Redmond Barry
Sir Redmond Barry, (7 June 181323 November 1880), was a colonial judge in Victoria, Australia of Anglo-Irish origins. Barry was the inaugural Chancellor of the University of Melbourne, serving from 1853 until his death in 1880. He is arguably best known for having sentenced Ned Kelly to death. Early life Barry was the third son of Major-General Henry Green Barry, of Ballyclogh, Kilworth, County Cork, Ireland, and his wife Phoebe Drought, daughter of John Armstrong Drought and Letita Head. Barry had five brothers and six sisters and was educated at a military school, Hall Place, near Bexley, Kent. Returning to Ireland in 1829, he was unable to obtain a military commission so began his own further education. Following his own classics programme, translating classical authors into English verse, reading old and new writers, he gained a working knowledge of nearly every subject. In 1832, he entered Trinity College Dublin, graduated in 1835 with the usual Bachelor of Arts degr ...
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Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million (19% of the population of Australia, as per 2021 census), mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians". The area of Melbourne has been home to Aboriginal ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation of Australia, Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = Local government areas of New South Wales, 128 local government areas , admin_center_type = Administration , leader_title1 = Monarchy of Australia, Monarch , leader_name1 = Charles III , leader_title2 = Governor of New South Wales, Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier of New South Wales, Premie ...
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Port Phillip District
The Port Phillip District was an administrative division of the Colony of New South Wales from 9 September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria. In September 1836, NSW Colonial Secretary Alexander Macleay declared Captain William Lonsdale the "Police Magistrate" of "the location of Settlers on the vacant Crown Lands adjacent to the shores of Port Phillip." This position was someone "of which all persons concerned are hereby required to take notice." In May 1839, Governor George Gipps defined the "Port Phillip District" as "The whole of the Lands comprised in the District lying to the south of the main range, between the Rivers Ovens and Goulburn, and adjacent to Port Phillip." In July that year, Colonial Secretary E Deas Thomson announced that Charles La Trobe was the District's "Superintendent", (which was later said by Governor Gipps "to have the powers of a Lieutenant Governor"). On September 10, the District ...
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