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BENT, JEFFERY HART (1780-1852), first judge in Australia,
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the son of Robert Bent and elder brother of Ellis
Bent (q.v.), born in 1780, was educated at Mr Barnes's school, Manchester,
and at Trinity College, Cambridge, where he graduated B.A. in 1804, and M.A. in
1807. In volume III of Admissions to Trinity College, Cambridge, his
first name is given as Geoffrey. He was called to the bar in 1806, was appointed
judge of the supreme court of New South Wales in 1814, and arrived at Sydney on
28 July of that year. He had been only a few weeks in the colony before he was
appealing to Earl Bathurst against a decision of Governor
Macquarie (q.v.) to fit up one of the wings of the hospital as a temporary
court house. There was much delay in holding the first sitting of the court,
which was eventually fixed for 1 May 1815, and even then there were repeated
adjournments because Bent had laid down the principle that anyone who had been
transported could not be allowed to practise as an attorney. Macquarie was
anxious that all convicts who had expiated their crime should be given every
opportunity to rebabilitate themselves and lead normal lives as members of the
community. Some of the men objected to by Bent had hitherto been permitted to
plead before his brother, Ellis Bent, the judge-advocate, and Macquarie was
satisfied that no evil consequences had resulted. He pointed out, too, that
under the new regulations there would be only one attorney in the colony who
would be able to plead, and that therefore one party only in each suit could
have legal assistance in bringing his case forward. The tone of Bent's
communications to the governor showed a great want of respect, and on 1 July
1815 Macquarie wrote to Earl Bathurst about the Bent brothers, stating that it
had now become "absolutely necessary for the good of the colony . . . that they
or I should be removed from it". Both of the brothers were recalled and Jeffery
Bent left for England in 1817. He was subsequently chief justice of Grenada from
1820 to 1833, of St Lucia, 1833 to 1836, and from 1836 to 1852 of British
Guiana. He died at Georgetown, Demerara, on 29 June 1852.
Bent was difficult and autocratic. His feelings on the employment of
ex-convicts in courts are to some extent understandable, but he made no
allowance for the differing views of Macquarie and the difficulties with which
the governor had to contend.
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