Aboriginal sentencing in Western Australia in the late 19th century with reference to Rottnest Island prison

Abstract

Between 1841, when Rottnest Island was proclaimed a legal prison exclusively for Aborigines and the Aborigines Act, 1905, at least 18 Acts and amendments were proclaimed to protect, employ and punish Aboriginal people in Western Australia. This paper considers several of the laws passed after 1870, the manner of policing and sentencing in the northern districts of the colony and the transfer of those convicted under these laws to Rottnest Prison. The application of sentencing laws in the Gascoyne, Upper Gascoyne and Upper Murchison is considered in some detail because in 1884, the number of Rottnest prisoners originating from these districts exceeded the totals from all other districts in the colony. This in turn raises a question whether the number of prisoners originating from these districts may be attributable to an abnormally high rate of criminal acts or to the harsh judgements of those hearing the charges.