Report describing sentences in 1840
consequence of a defect in the Certificate. I have to submit that in this case the sentence of transportation for seven years may be properly commuted to imprisonment in the Penitentiary for one year.
3. Joseph Burchell, aged 15, sentenced to seven years transportation for theft, after two previous convictions for felony. There were circumstances of palliation in this case, which induce me to think that imprisonment in the Penitentiary for one year will be an adequate punishment.
4. Patience Smith, aged 18, convicted of stealing the property of her master under aggravated circumstances. It appears to me that imprisonment for six months in the Penitentiary might properly be substituted for seven years transportation.
5. George Miles, aged 17, sentenced to seven years transportation for stealing from a shop. In this case also I think a year's imprisonment in the Penitentiary will be a proper punishment.