Assassination, Treason and a Pikestaff

Published 2024-07-18
This video traces some of the history of 'treason' in Australia, starting with the response to the failed assassination attempt upon Prince Alfred in 1868. It discusses the treason felony law enacted in New South Wales, which had such unusual and excessive provisions concerning disloyalty to Queen Victoria that the British Government requested that it be amended, or risk disallowance. The NSW Government, unusually, insisted on the laws and the British backed off.

The video then discusses the current treason laws in Australia, and a UK court decision where it was declared that it was as 'plain as a pike staff' that treason laws did not extend to republicanism by lawful, non-violent means.

It concludes with a discussion of the disqualification of MPs if they are attainted of treason, and the remarkable tale of an Australian man, Arthur Lynch, who was convicted in the UK of high treason and sentenced to death, but was later to serve for nine years as a Member of the House of Commons.

All Comments (19)
  • @Shalott63
    Thank you for this video, Anne; as usual it is fascinating and very well presented. I was highly amused by the situation where the NSW government passed legislation that was so extremely pro-British that it embarrassed the British authorities (perhaps less likely to happen today?), and also the one where the voters of Galway were not at all put off by their favoured candidate's record of treasonable activity against Britain. It's not very often that one sees a video with the word 'pikestaff' in the title! BTW As a result of discovering and watching your videos, and also because elections and constitutional reform are very topical here in the UK just at the moment, I've been looking at videos of state openings of parliament, and guides to parliament buildings etc., in various contries (Canada, Australia, NZ, and Ireland) and it's been really interesting to see the differences (and similarities) among all those institutions.
  • @landcruiser1055
    Thanks for all your videos. I stumbled across one and became hooked.
  • @johnlonie7899
    I did find it all quite fascinating, even amusing at times. Thankyou. Does the commonwealth treason legislation take precedence over the state?
  • @nicegan8902
    The topic of Britain overruling colonial legislation made me think of the saga of Justice Boothby of the South Australian Supreme Court and the Colonial Laws Validity Act. Might be a good future video for you!
  • @petergale9200
    Would the NSW Act have been applied when a shot was fired toward Prince Charles at Darling Harbour ?
  • @mitch_mishyy
    I'm wondering what the reasoning is behind the usage of 'attainted' for treason as opposed to 'convicted' like the rest of the offences? Great video as always.
  • Hi Professor Twomey, I am wondering if you might, in due course, comment on the case of Tickle v. Giggle, should Giggle end up making a Constitutional challenge re. the sex discrimination act of 1984 and the 2013 gender identity amendments. Thank you. VC
  • @setonix9151
    Does Youtube just outright delete comments, or do they offer you a chance to review potentially problamatic (to youtube's system) words in comments? Because I made one just now, and when viewed in incognito it doesn't appear and only appear on my end.
  • @karenm7449
    Thank you again for a very interesting talk. Stay warm. :)
  • @matthewheath7839
    I really appreciate your videos, Anne. For people unable to attend University, its a great resource
  • @royevetts4900
    Treason would be what current politicians and judges are committing against the people of Australia. As we are currently under an Act created by the British Government. We are either a Sovereign Nation under international law or we are not, at the moment we are not. No power has ever been granted by the people of Australia to be governed by an Act of British Parliament, namely the 1900 Federation Act, under UN law a Sovereign Nation cannot be governed by foreign Parliaments or their laws.
  • @PaxAlotin-j6r
    I am getting rather fed up with U2B deleting my comments - for no apparent reason. Someone has deleted my comment & frankly I am sick of the capricious & arbitrary nature of these deletions ---- 😡