The first ever court case in Australia was R -v- Barsby, on 11 February 1788, barely a fortnight after the Colony was founded. A convict named Samuel Barsby was charged with on 06 February personally abusing Benjamin Cook, Drum Major of the detachment, quarreling together “with high words passing between them”, and striking John West, a drummer in the said detachment with a cooper’s adze, putting him in fear. A second charge involved repeatedly abusing soldiers of the guard while in custody. He appeared to be “in liquor”, but nobody concerned was willing to identify the possible source of the grog.
Poor old Barsby didn’t remember much if anything about the offences. At the time, he was recovering from the very boisterous celebrations that accompanied the landing of the Women’s First Fleet the night prior. However, as a result of his determination to party on and then abuse the band, the first Criminal Court in Australia was rather hastily convened.
Barsby was found guilty, and given 150 lashes. Bet that sobered him up, poor sod.
R -v- Barsby [1788] NSWKR 1; [1788] NSWSupC 1
Moreton Bay and More 