This was a trial of an Aboriginal man who was charged with theft of a large number of sheep at Hunter's River. It was proposed that the man, who did not speak English, should not be tried under the laws of England. However, this argument failed.

R v Boatman or Jackass and Bulleye [1832] NSWSup C 4; (1832) NSW Sel Cas (Dowling) 6 (23 February 1832)

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.

Document

R v Boatman or Jackass and Bulleye [1832] NSWSup C 4; (1832) NSW Sel Cas (Dowling) 6 (23 February 1832)

Frontier wars and the legal system

Application of criminal law to Aboriginal people