This is the trial of Daniel Mow-watty, an Aboriginal man, for rape. Mow-watty was found guilty.

R v Mow-watty [1816] NSWSupC 2; [1816] NSWKR 2 (27 September 1816)

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 Mow-watty [1816] NSWSupC 2; [1816] NSWKR 2 (27 September 1816)

Frontier wars and the legal system

Application of criminal law to Aboriginal people