A Selection of Supreme Court Cases in New South Wales : From 1825 to 1862
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53E Arthur (3) ; The King v. Larrieu (4) ; The Queen v. Lawson (5) ; Keiley v. Carson (6) ; The Queen v. Langley (7) ; The Queen v. M'Innes, (8).
Michie, in reply.
His Honor the Chief Justice, after stating the terms of the rule, and that one ground of it, viz., that which related to the breach of Mr.
Lowe's privilege as a member, must have found its way into it by mis- take, and with which he had no hand, thinking as he did, that since the case of Ktiley v. Carson, a member of a colonial House... of Assembly had no such privilege as members of the House of Commons enjoyed, said there were really only two grounds now to be considered. In deciding them, the question incidentally arose, whether an indictment would lie, for writing a letter containing abusive language, the natural tendency of which would induce a party to commit a breach of the peace, even though it was sworn that the letter was not written with such an intention.
His Honor said he was of opinion no indictment could lie, because this was not like a case of murder, or other cases where the question of intention had nothing to do with the commission of the crime, at least not in the mind.
What to read after A Selection of Supreme Court Cases in New South Wales : From 1825 to 1862?
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To quickly assess the difficulty of the text, read a short excerpt:
53E Arthur (3) ; The King v. Larrieu (4) ; The Queen v. Lawson (5) ; Keiley v. Carson (6) ; The Queen v. Langley (7) ; The Queen v. M'Innes, (8).
Michie, in reply.
His Honor the Chief Justice, after stating the terms of the rule, and that one ground of it, viz., that which related to the breach of Mr.
Lowe's privilege as a member, must have found its way into it by mis- take, and with which he had no hand, thinking as he did, that since the case of Ktiley v. Carson, a member of a colonial House... of Assembly had no such privilege as members of the House of Commons enjoyed, said there were really only two grounds now to be considered. In deciding them, the question incidentally arose, whether an indictment would lie, for writing a letter containing abusive language, the natural tendency of which would induce a party to commit a breach of the peace, even though it was sworn that the letter was not written with such an intention.
His Honor said he was of opinion no indictment could lie, because this was not like a case of murder, or other cases where the question of intention had nothing to do with the commission of the crime, at least not in the mind.
What to read after A Selection of Supreme Court Cases in New South Wales : From 1825 to 1862?
You can find similar books in the "Read Also" column, or choose other free books by New South Wales Supreme Court to read onlineMoreLess
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