127:. Both Gellibrand and Bannister were of the opinion that courts of quarter sessions could not try free persons without juries. On 24 May 1824 Gellibrand in his inaugural address to the Supreme Court, spoke of trial by jury as being "one of the greatest boons conferred by the legislature upon this colony".
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on 24 March 1859. He was knighted in 1838. As a judge he has been called slow in decision and fearful of overstepping the written word of a statute. He was not a great lawyer, but he was upright and thorough, always careful that the accused should suffer no injustice. Fenton, who had personal
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and even led to him being referred to as belonging to the "government party". The Chief
Justice should not have been put into such a position, and in 1851, when the new partly elected legislative council was formed, the Chief Justice was no longer one of the government nominee members.
156:, seeking an order requiring juries to be assembled while Gellibrand as the 1st Law Officer opposed it. Pedder, in a long and weighty judgment took a different view to Forbes, holding that the right to trial by civilian jury was taken away by section 19 of the
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On 19 July 1854 Pedder had a paralytic seizure while on the bench, and shortly afterwards retired on a pension of £1500 a year under an act passed in the previous May. Pedder's wife died on 23 October 1855 after suffering from paralysis. Pedder returned to
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knowledge of him, says that his "prudence and foresight often prevented grave injustice and dangerous blunders in the administration of affairs under the peculiar and difficult conditions of a colony half bond and half free".
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held that civilian juries were required for Court of
Quarter Sessions. Despite his initial address, Gellibrand subsequently vacillated in his views. In July 1825 the issue came before the
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conducted an inquiry from 1819 to 1821 into the colonies of NSW and Van Diemen's Land. Bigge's 1823 report on judicial establishments recommended against trial by a civilian jury, and the
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176:, in referring to this, says that, although Pedder was "a very useful member of the old council", he was "now wisely removed from the disturbing arena of political strife".
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which prescribed military juries for criminal trials before the
Supreme Court and that convicts could be tried summarily. Nothing was said of the procedure before courts of
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109:. Trial by jury was a contentious issue in the colonies of New South Wales and Van Diemen's Land and each were immediately involved.
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Report of the
Commissioner of Inquiry on the judicial establishments of New South Wales and Van Diemen's Land
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with his wife Maria, a daughter of
Lieutenant-Colonel Everett, on 15 March 1824. Also on the ship were
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had narrowly defeated a proposal that juries be introduced for criminal trials, prior to passing the
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Pedder was appointed Chief
Justice of Van Diemen's Land on 18 August 1823. Pedder sailed in the
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345:"The Judiciary and Political Questions: The First Australian Experience, 1824-1825"
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and the
Executive Council, which necessitated a very close relationship with
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53:, the eldest son of John Pedder, a barrister. Pedder junior was educated at
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The issue of trial by jury was first argued before the newly established
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475:"A History of Tasmania From Its Discovery in 1642 to the Present Time"
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As Chief
Justice, Pedder was automatically a member of the
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236:. Vol. 2. Canberra: National Centre of Biography,
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Hobart Town
Gazette and Van Diemen's Land Advertiser
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33:judge, politician and grazier, he was the first
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8:
595:Members of the Tasmanian Legislative Council
200:in south-west Tasmania was named after him.
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395:– via National Library of Australia.
29:(10 February 1784 – 24 March 1859) was an
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590:Judges of the Supreme Court of Tasmania
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615:People educated at Charterhouse School
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482:Australian Colonial Law Monographs 2.
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99:Attorney-General of Van Dieman's land
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228:"Pedder, Sir John Lewes (1793–1859)"
640:19th-century Australian politicians
107:Attorney-General of New South Wales
538:Chief Justice of Van Dieman's Land
315:Dictionary of Australian Biography
233:Australian Dictionary of Biography
143:Supreme Court of Van Diemen's Land
35:Chief Justice of Van Diemen's Land
14:
610:Alumni of Trinity Hall, Cambridge
132:Supreme Court of New South Wales
19:For the English churchman, see
645:British emigrants to Australia
630:19th-century Australian judges
430:R v Magistrates of Hobart Town
238:Australian National University
1:
635:19th-century English lawyers
600:Members of the Middle Temple
289:A Cambridge Alumni Database
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585:Chief justices of Tasmania
291:. University of Cambridge.
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625:Colony of Tasmania judges
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410:[1824] NSWSupC 20
406:R v Magistrates of Sydney
65:in 1820. Then he entered
620:Van Diemen's Land judges
434:[1825] TASSupC 8
387:. 28 May 1824. p. 2
285:"Pedder, John (PDR822J)"
147:Law officer of the Crown
120:New South Wales Act 1823
366:Bigge 2nd Report (1923)
61:from 1818 where he was
320:Angus & Robertson
27:Sir John Lewes Pedder
16:Australian politician
440:(Van Diemen's Land).
310:"Pedder, John Lewes"
240:. pp. 319–120.
226:Howell, P A (1967).
21:John Pedder (priest)
354:Adelaide Law Review
165:Legislative Council
158:New South Wales Act
49:Pedder was born in
605:English barristers
487:John Thomas, Bigge
145:, with the Second
31:English Australian
555:
554:
549:Valentine Fleming
545:Succeeded by
343:Castles, Alex C.
247:978-0-522-84459-7
151:Solicitor-General
95:Joseph Gellibrand
63:called to the bar
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580:Knights Bachelor
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379:"Supreme Court"
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169:Governor Arthur
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103:Saxe Bannister
89:, arriving in
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389:. Retrieved
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352:(1975) 5(3)
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267:. Retrieved
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184:and died in
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174:James Fenton
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105:, the first
97:, the first
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67:Trinity Hall
55:Charterhouse
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575:1859 deaths
570:1784 births
509:|work=
198:Lake Pedder
564:Categories
542:1824-1854
325:3 November
318:. Sydney:
204:References
111:John Bigge
45:Early life
532:New title
511:ignored (
501:cite book
256:1833-7538
77:in 1822.
71:Cambridge
489:(1823).
308:(1949).
264:70677943
186:Brighton
87:Hibernia
57:and the
39:Tasmania
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391:4 March
269:4 March
182:England
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193:Legacy
160:1823.
139:Forbes
91:Hobart
81:Career
51:London
478:(PDF)
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420:(NSW)
414:NSWKR
408:
348:(PDF)
75:LL.B.
37:(now
547:Sir
513:help
393:2019
356:294.
327:2009
271:2019
260:OCLC
252:ISSN
242:ISBN
134:and
101:and
416:3,
412:,
41:).
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