William Jeffcott: Difference between revisions
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On 24 June 1843 [[John Walpole Willis|John Willis]] was notified that he had been [[wiktionary:amove|amoved]] by [[George Gipps|Governor Gipps]] as the judge of the Supreme Court of New South Wales for the District of Port Phillip and Jeffcott was promptly appointed to replace him. In February 1844 Willis appealed to the [[Judicial Committee of the Privy Council|Privy Council]]. Jeffcott was concerned that if Willis was found to have been invalidly removed then his own appointment may also have been invalid. Of particular concern was that if he imposed the [[Capital punishment in Australia|death penalty]] then he may be guilty of murder.<ref>{{cite web |url=http://www.austlii.edu.au/au/journals/VicJSchol/2011/14.pdf |title=Early History of the Victorian Legal System |first=M |last=Warren |author-link1=Marilyn Warren |date=28 April 2011}}</ref> It has been doubted whether Jeffcott's concerns were well founded, given the long standing protection of de |
On 24 June 1843 [[John Walpole Willis|John Willis]] was notified that he had been [[wiktionary:amove|amoved]] by [[George Gipps|Governor Gipps]] as the judge of the Supreme Court of New South Wales for the District of Port Phillip and Jeffcott was promptly appointed to replace him. In February 1844 Willis appealed to the [[Judicial Committee of the Privy Council|Privy Council]]. Jeffcott was concerned that if Willis was found to have been invalidly removed then his own appointment may also have been invalid. Of particular concern was that if he imposed the [[Capital punishment in Australia|death penalty]] then he may be guilty of murder.<ref>{{cite web |url=http://www.austlii.edu.au/au/journals/VicJSchol/2011/14.pdf |title=Early History of the Victorian Legal System |first=M |last=Warren |author-link1=Marilyn Warren |date=28 April 2011}}</ref> It has been doubted whether Jeffcott's concerns were well founded, given the long standing protection of de facto officers.<ref>{{cite book |url=https://books.google.com.au/books?id=X3fzrbh24RsC&pg=PA16&lpg=PA16#v=onepage&q&f=false |title=Sir William Stawell: Second Chief Justice of Victoria, 1857-1886 |first=J.M. |last=Bennett |year=2004 |page=16 |isbn=9781862875203}}</ref><ref>In July 1846 the Privy Council held that Willis' removal was invalid, while there were sufficient grounds for his removal, Willis was denied [[procedural fairness]] as he should have been given an opportunity to be heard: {{cite CommonLII|litigants=Willis v Gipps |reporter=ER |year=1846|num=879 |volume=13 |firstpage=536 |courtname=[[Judicial Committee of the Privy Council|Privy Council]] |juris=NSW}}.</ref> Jeffoctt resigned in December 1844 and was replaced by [[Roger Therry]].<ref name="Therry ADB">{{cite AuDB |title=Therry, Sir Roger (1800–1874) |first=J.V. |last=Barry |id2=therry-sir-roger-2723 }}</ref> |
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==Recorder== |
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Revision as of 16:05, 29 May 2019
Sir William Jeffcott | |
|---|---|
| Supreme Court Judge at Port Phillip | |
| In office 1 July 1843 – December 1844 | |
| Preceded by | John Walpole Willis |
| Succeeded by | Roger Therry |
| Recorder of Penang, Singapore, Malacca | |
| In office 1850–1855 | |
| Preceded by | Sir Christopher Rawlinson |
| Succeeded by | Sir Richard McCausland |
| Personal details | |
| Born | 1800 Ireland |
| Died | (aged 54) |
| Resting place | Penang, Malaysia |
| Relatives | John Jeffcott (brother) |
| Education | Trinity College, Dublin |
| Occupation | Barrister; Judge |
Sir William Jeffcott (1800 – 22 October 1855) was an Irish barrister, a judge of the Supreme Court of New South Wales for the District of Port Phillip and Recorder of Prince of Wales Island, Malacca and Singapore.[1]
Background
Born in Ireland, he obtained a bachelor of arts from Trinity College, Dublin and in 1828 he was called to the Irish Bar.[1] In 1836 his brother John Jeffcott became the first judge of the Supreme Court of South Australia.[2] In June 1843, Jeffcott migrated to the Colony of New South Wales.[1]
Judge
On 24 June 1843 John Willis was notified that he had been amoved by Governor Gipps as the judge of the Supreme Court of New South Wales for the District of Port Phillip and Jeffcott was promptly appointed to replace him. In February 1844 Willis appealed to the Privy Council. Jeffcott was concerned that if Willis was found to have been invalidly removed then his own appointment may also have been invalid. Of particular concern was that if he imposed the death penalty then he may be guilty of murder.[3] It has been doubted whether Jeffcott's concerns were well founded, given the long standing protection of de facto officers.[4][5] Jeffoctt resigned in December 1844 and was replaced by Roger Therry.[6]
Recorder
Jeffcott returned to practice at the Irish Bar. In 1850 he was appointed Recorder of Prince of Wales Island, Malacca and Singapore,[7] to replace Sir Christopher Rawlinson who had been appointed Chief Justice of the Supreme Court of Judicature at Madras.[8]
Jeffcott died from dysentery on 23 October 1855 and is buried in Penang.[9]
See also
- Judiciary of Australia
- List of Judges of the Supreme Court of Victoria
- List of Judges of the Supreme Court of New South Wales
References
- ^ a b c Hague, R.M. "Jeffcott, Sir William (1800–1855)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943.
- ^ Hague, R.M. "Jeffcott, Sir John William (1796–1837)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943.
- ^ Warren, M (28 April 2011). "Early History of the Victorian Legal System" (PDF).
- ^ Bennett, J.M. (2004). Sir William Stawell: Second Chief Justice of Victoria, 1857-1886. p. 16. ISBN 9781862875203.
- ^ In July 1846 the Privy Council held that Willis' removal was invalid, while there were sufficient grounds for his removal, Willis was denied procedural fairness as he should have been given an opportunity to be heard: Willis v Gipps (1846) , 13 ER 536, Privy Council (NSW).
- ^ Barry, J.V. "Therry, Sir Roger (1800–1874)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943.
- ^ "Judges of the Past". Supreme Court of Singapore.
- ^
Wheeler, S.E. (1896). "Rawlinson, Christopher (1806-1888)". In Lee, Sidney (ed.). Dictionary of National Biography. Vol. 47. London: Smith, Elder & Co. p. 327.
- ^ "Sir William Jeffcott". findagrave.com.
