Transportation

[Shetland Sausage]

I'm fairly new to genealogy, and yesterday came across the first criminal in my tree. She'd stolen a blanket, and for that crime she was sentenced to 7 years transportation to Van Dieman's Land. I was stunned at the severity of the punishment, but looking at other sentences in the list, it looks as though she got off quite lightly - someone convicted of stealing half a crown - sentence - death! This was 1830, and I wonder if this severity of punishment was the norm in England at this time, or if these were a set of particularly harsh judges?

[Maiden Stone]

Theft was split into 2 categories of larceny depending on value of item(s) stolen. Goods were sometimes undervalued in court to prevent a thief receiving a capital sentence. Many death sentences were commuted to transportation. Those commutations may have been similar to suspended sentences, dependent on future law-abiding behaviour.
 I think there were also divisions of severity when it came to stealing from shops and houses. Stealing from unlocked premises in daylight wasn't as bad as breaking & entering. Burglary was breaking into a house at night with intent to steal. Armed robbery or armed burglary would likely have received a death sentence.
Numbers and proportions of death sentences differed by place and may also have been influenced by local or national events. Some magistrates were more likely than others to pass a death sentence. A magistrate who lived in the area where a trial happened might consider local public opinion and ill-feeling against him if he made an unpopular decision. A visiting judge didn't have to worry about what the locals thought or might say or do to him after the trial. Some juries were reluctant to convict if they had sympathy for the accused and thought a conviction would lead to a death sentence. 
There are some statistics online.

[Shetland Sausage]

Fascinating, thanks. The lady in question was an 18-year-old girl at the time, who had nicked the blanket from the family she was in service to, which may have made it worse for her. I wonder if politics came into play with these sentences - I know the empire was settling Australia at the time, and they needed a good supply of young blood to do the work. Maybe the magistrates were 'encouraged' to dole out transportation for trivial crimes? Just a thought.

[tornado]

I too have an ancestor who was sent to Australia in 1800's for stealing a duck . Yes! a duck with a bit of rough and tumble of course. Times were hard for some of our ancestors and desperate people did desperate things. If someone was poor they had no choice . I have traced my ancestors time in Oz and it worked out ok for him . After all he had a trade when his sentence was over so could move about and gain some sort of normality/ self esteem . However , he never left Oz to visit his Family back in Cheshire . I imagine he could nit afford the transport fares.. So maybe you will track your ancestor down like me . Genealogy is a wonderful hobby you learn so much . Best wishes Sausage.

[Shetland Sausage]

Tornado - like yours, Jane seemed to have liked Australia. During her 7 years in penal servitude she met and married someone, and they settled in Melbourne when she was released from Tasmania, and lived there for over 50 years, so I guess it turned out OK for her.

[jim1]

In 1830 there were over 200 crimes that commanded the death penalty.
One being theft in excess of 5 shillings.
In reality it only applied to the lower orders.
My ancestor was heir to an estate when he broke into his old school & nicked £100's worth of
silver.
His Uncle paid £1500 for his release & reimbursed the school. He served just 3 months.
This in the 1700's.
A healthy 18 year old woman would have been viewed as a baby machine & top of the list
for transportation.

[Shetland Sausage]

Jim - yes, that's kind of what I suspected. Pretty outrageous.

[jim1]

Who would have thought that the descendants of these transportees would come
back 150 years later & beat us at rugby...& cricket.

[Shetland Sausage]

I know - it's called 'karma'