Beyond the rudimentary and brutal: Procedure, evidence and sentencing in Australia's first criminal court

The practices of Australia's first superior criminal court between 1788-1807, the New South Wales Court of Criminal Jurisdiction, have been widely criticised as having been rudimentary and brutal, presided over by amateur judges and military members, and defined in terms of the rules and disciplines of war. In this article, the author argues that a closer examination of the everyday operations of this court in the early period after settlement suggests that, although there are many examples where the court could be accused of incompetency, bias, indifference and brutality, there are also numerous examples where the criminal laws of England have been carefully applied. The author suggests that an examination of court procedure, evidence of witnesses and sentencing during this period indicates judicial officers were generally maintaining consistent standards in a complex criminal legal system that had to constantly adapt to the unique circumstances of the infant penal colony.