The case concerns an Aboriginal person, 'Dirty Dick' committed for trial by the Sydney Magistrates for the murder of Robert Barrett, an Aboriginal person. The judgment discussed recognition of Aboriginal law and the legal status of Aboriginal peoples. The view was taken that 'an Aboriginal native of NSW is not amenable to British laws for an offence committed against one of his own countrymen'

R. v. Ballard or Barrett (1829) 26 NSWSupC; sub nom. R. v. Dirty Dick (1828) NSW Sel Cas (Dowling) 2

As the colonial legal system developed in the early years of the New South Wales colony, its application to Aboriginal people was inconsistent. There were different approaches to the question of whether Aboriginal people could be tried under the law or were protected by the law.

Frontier wars and the legal system

Following the arrival of the British in 1788, English criminal law was imposed across the colony, although it was initially unclear whether it applied to Aboriginal people. Over time, Aboriginal people were subject to English law overriding and not recognising long-standing Aboriginal legal systems.

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R. v. Ballard or Barrett (1829) 26 NSWSupC; sub nom. R. v. Dirty Dick (1828) NSW Sel Cas (Dowling) 2

Frontier wars and the legal system

Application of criminal law to Aboriginal people