Capital punishment in Australia

Apr 20, 2026 - 17:30
0 0
Capital punishment in Australia

History: copy-edit for style

← Previous revision Revision as of 11:58, 20 April 2026
Line 47: Line 47:
Before the arrival of Europeans, death sentences were carried out under [[Indigenous Australian customary law|Aboriginal customary law]], either directly or through [[Magic (paranormal)|sorcery]].{{cite web |title=Recognition of Aboriginal Customary Laws (ALRC Report 31): 21. Aboriginal Customary Laws and Sentencing: Aboriginal Customary Laws and the Notion of 'Punishment': 500. Traditional Punishments or Responses. |url=https://www.alrc.gov.au/publication/recognition-of-aboriginal-customary-laws-alrc-report-31/21-aboriginal-customary-laws-and-sentencing/aboriginal-customary-laws-and-the-notion-of-punishment/ |at=paragraph 500 |website=alrc.gov.au |publisher=Australian Law Reform Commission |access-date=16 April 2022 |language=en-AU |date=8 August 2010}} In some cases the condemned could be denied mortuary rites.[http://www.lrc.justice.wa.gov.au/2publications/reports/ACL/DP/Part_05B.pdf Traditional Aboriginal Law and Punishment] {{webarchive|url=https://web.archive.org/web/20090306120333/http://www.lrc.justice.wa.gov.au/2publications/reports/ACL/DP/Part_05B.pdf |date=6 March 2009 }} – Part V – Aboriginal Customary Law and the Criminal Justice System, Law Reform Commission of Western Australia – Aboriginal Customary Laws Discussion Paper The first executions carried out under European law in Australia took place in Western Australia in 1629, when Dutch authorities hanged the mutineers of the ''[[Batavia (1628 ship)|Batavia]]''.{{Citation needed|date=September 2025}}
Before the arrival of Europeans, death sentences were carried out under [[Indigenous Australian customary law|Aboriginal customary law]], either directly or through [[Magic (paranormal)|sorcery]].{{cite web |title=Recognition of Aboriginal Customary Laws (ALRC Report 31): 21. Aboriginal Customary Laws and Sentencing: Aboriginal Customary Laws and the Notion of 'Punishment': 500. Traditional Punishments or Responses. |url=https://www.alrc.gov.au/publication/recognition-of-aboriginal-customary-laws-alrc-report-31/21-aboriginal-customary-laws-and-sentencing/aboriginal-customary-laws-and-the-notion-of-punishment/ |at=paragraph 500 |website=alrc.gov.au |publisher=Australian Law Reform Commission |access-date=16 April 2022 |language=en-AU |date=8 August 2010}} In some cases the condemned could be denied mortuary rites.[http://www.lrc.justice.wa.gov.au/2publications/reports/ACL/DP/Part_05B.pdf Traditional Aboriginal Law and Punishment] {{webarchive|url=https://web.archive.org/web/20090306120333/http://www.lrc.justice.wa.gov.au/2publications/reports/ACL/DP/Part_05B.pdf |date=6 March 2009 }} – Part V – Aboriginal Customary Law and the Criminal Justice System, Law Reform Commission of Western Australia – Aboriginal Customary Laws Discussion Paper The first executions carried out under European law in Australia took place in Western Australia in 1629, when Dutch authorities hanged the mutineers of the ''[[Batavia (1628 ship)|Batavia]]''.{{Citation needed|date=September 2025}}


Capital punishment had been part of the legal system of Australia since British settlement. During the 19th century, crimes that could carry a death sentence included burglary, sheep stealing, forgery, sexual assaults, murder and manslaughter, and in Tasmania there were 7 men who were executed for 'being illegally at large'. During the 19th century, these crimes saw about 80 people hanged each year throughout Australia.{{Citation needed|date=September 2025}}
Capital punishment had been part of the legal system of Australia since British settlement. During the 19th century, crimes that could carry a death sentence included burglary, sheep stealing, forgery, sexual assaults, murder and manslaughter, and in Tasmania there were seven men who were executed for "being illegally at large". During the 19th century, these crimes saw about 80 people hanged each year throughout Australia.{{Citation needed|date=September 2025}}


Australian states and territories had laws against homosexuality during the [[History of Australia|colonial era]], and nineteenth-century colonial parliaments retained provisions which made homosexual activity a capital offence until 1861.{{clarify | reason = was anyone ever executed? or did it only exist on paper? |date=September 2025}}{{cite web |last=Carbery |first=Graham |title=Towards Homosexual Equality in Australian Criminal Law: A Brief History |year=2010 |edition=2nd |url=http://www.alga.org.au/files/towardsequality2ed.pdf |publisher=Australian Lesbian and Gay Archives Inc.}} Most jurisdictions removed [[Capital punishment for homosexuality|capital punishment as a sentence for homosexual activity]], although in [[Victoria, Australia|Victoria]] it remained as such when committed while also inflicting [[bodily harm]] or to a person younger than the age of fourteen until 1949.
Australian states and territories had laws against homosexuality during the [[History of Australia|colonial era]], and nineteenth-century colonial parliaments retained provisions which made homosexual activity a capital offence until 1861.{{clarify | reason = was anyone ever executed? or did it only exist on paper? |date=September 2025}}{{cite web |last=Carbery |first=Graham |title=Towards Homosexual Equality in Australian Criminal Law: A Brief History |year=2010 |edition=2nd |url=http://www.alga.org.au/files/towardsequality2ed.pdf |publisher=Australian Lesbian and Gay Archives Inc.}} Most jurisdictions removed [[Capital punishment for homosexuality|capital punishment as a sentence for homosexual activity]], although in [[Victoria, Australia|Victoria]] it remained as such when committed while also inflicting [[bodily harm]] or to a person younger than the age of fourteen until 1949.


Tasmania recorded nine executions for sodomy, termed as 'unnatural crime'. These executions occurred between 1830 and 1863, suggesting that the previously cited figure of seven for all of Australia is a significant undercount. Of the nine Tasmanian cases, eight involved victims who were children or non-consenting parties. The remaining case, that of Joseph Fogg executed in 1830, involved an adult male named William Newport, but available records do not establish whether the act was consensual.
Tasmania recorded nine executions for sodomy, termed as "unnatural crime". These executions occurred between 1830 and 1863, suggesting that the previously cited figure of seven for all of Australia is a significant undercount. Of the nine Tasmanian cases, eight involved victims who were children or non-consenting parties. The remaining case, that of Joseph Fogg executed in 1830, involved an adult male named William Newport, but available records do not establish whether the act was consensual.


Before Federation, each colony made its own criminal laws and punishments. Since then the States have been responsible for most criminal law. Since Federation in 1901, 114 people have been legally executed in Australia (excluding the historical territories of [[Territory of New Guinea|New Guinea]] and [[Territory of Papua|Papua]] where executions occurred under Australian law).Potas I & Walker J 1987. Capital punishment. Trends & issues in crime and criminal justice no. 3. Canberra: Australian Institute of Criminology. https://www.aic.gov.au/publications/tandi/tandi3 For lists of people executed in Australia, sorted by state or territory, see the sidebar.{{Citation needed|date=September 2025}}
Before Federation, each colony made its own criminal laws and punishments. Since then the States have been responsible for most criminal law. Since Federation in 1901, 114 people have been legally executed in Australia (excluding the historical territories of [[Territory of New Guinea|New Guinea]] and [[Territory of Papua|Papua]] where executions occurred under Australian law).Potas I & Walker J 1987. Capital punishment. Trends & issues in crime and criminal justice no. 3. Canberra: Australian Institute of Criminology. https://www.aic.gov.au/publications/tandi/tandi3 For lists of people executed in Australia, sorted by state or territory, see the sidebar.{{Citation needed|date=September 2025}}
Read More