Leslie Herron
Encyclopedia
Sir Leslie James Herron, KBE
, CMG
, KStJ
(22 May 1902 - 3 May 1973) was a prominent Australia
n barrister, judge, chief justice and lieutenant governor of New South Wales
. Biographer Martha Rutledge describes him as being “interested, interesting and with a lively sense of humour”, but that he “conducted his court with consideration, dignity and mercy”. He now has a ferry, The Lady Herron named after his wife.
suburb of Mosman
, to Henry Herron and Emily Ethel (née Downie). Leslie was the second of six siblings. He was educated at the Mosman Church of England Preparatory School, at Sydney Grammar School
and at the University of Sydney
. He obtained an LL.B in 1924 with second class honours. Herron played first-grade rugby union
in the position of “breakaway” for the Sydney club Western Suburbs Football Club between 1922 to 1925.
Herron was admitted to the New South Wales bar on 28 August 1925 and practiced in common law on the “Northern Circuit” of New South Wales. He married Andree Lorna on 6 January 1930 at St James' Anglican Church in the centre of Sydney on 6 January 1930. He took silk as a King's Counsel (KC) in 20 December 1939.
in February 1939. The District Court is a middle ranking court in New South Wales and at the time was a civil court. On 10 February 1941, Herron was appointed as a judge of the Supreme Court of New South Wales
, the state’s highest ranking court.
Herron served as a royal commissioner in the 1958 Royal Commission
of Inquiry into statements made by the Auditor-General in his annual report for the year 30 June 1958 concerning the Minister for Housing, the Honourable Abram Landa. In 1961, Herron became the chairman of the Law Reform Committee.
From March 1962, Herron served as acting chief justice of the Supreme Court of New South Wales
due to the illness of the then chief justice Doc Evatt. On Evatt’s resignation, Herron was permanently appointed as chief justice on 25 October 1962. Herron was to serve as chief justice during a time of structural change in the Supreme Court. In 1965, the New South Wales Government established the Court of Appeal
to replace the Full Court of the Supreme Court. This new court was to be the first court of its kind in Australia. The government however appointed a junior judge of the court, Justice Wallace, to be the first president of the new Court of Appeal. This made Wallace the second most senior judge of the Supreme Court. This appointment was resented by some of the other judges of the court and led to a schism in the bench, which was not fixed until Justice Sugerman replaced Wallace upon his retirement. It led to certain judges refusing to sit with other judges which created its own tensions.
'The function of the criminal law and the purposes of punishment cannot be found in any single explanation, for it depends both upon the nature and type of offence and the offender. But all purposes may be reduced under the single heading of the protection of society, the protection of the community from crime. The sentence should be such as, having regard to all proved circumstances, seems at the same time to accord with the general moral sense of the community and to be likely to be a sufficient deterrent both to the prisoner and others: per Jordan CJ, R. v. Geddes. Courts have not infrequently attempted further analysis of the several aspects of punishment (Reg v. Goodrich), where retribution, deterrence and reformation are said to be its threefold purposes. In reality they are but the means employed by the Court for the attainment of the single purpose of the protection of society'.
Herron also presided in the trial of notorious Sydney identity Darcy Duggan. Duggan and William Cecil Mears were convicted by Herron for a bungled hold-up of the Commonwealth Bank at Ultimo in Sydney. Mears shot the bank manage Leslie Nalder, and both Duggan and Mears were charged with wounding with intent to murder. Herron sentenced both to death, but both sentences were commuted. Duggan and Mears were eventually paroled.
Herron was involved in hearing the criminal charges against Charles Ivan le Gallien. Le Gallien was sentenced to life imprisonment for murder. Herron received a death threat as a result of this trial, and was given police protection as a result.
between 1944 and 1973. He was the president of the New South Wales Rugby Union
between 1943 and 1956. He was elected as the first chairman of the Australian Rugby Football Union was that body was first started on 25 November 1949.. He subsequently in 1957 was chairman of the International Rugby Football Board which is based in London. He was president of the New South Wales Amateur Swimming Association between 1949 and 1964. He was chairman of the Sydney Cricket Ground Trust between 1970 to 1972. Herron was the founding vice-president of Australian Neurological Foundation (now called the Brain Foundation) established in 1970. Herron was involved with fundraising for St Vincent's Hospital at Sydney, the Mater Misericordiae hospital in North Sydney, the National Heart Foundation, the Freedom from Hunger Campaign, the Central Methodist Mission, the Salvation Army and the Bush Children's Hostels Foundation of New South Wales. He was president of the New South Wales branch of the St John Ambulance Association. He was also a member of the New South Wales Olympic Council.
in 1964 and K.B.E.
in 1966, and in 1972 received the second honorary LL.D awarded by the University of New South Wales
.
Sir Roden Cutler on an official visit to the United Kingdom between 11 April 1973 and until the date of his death on 3 May 1973 in St Vincent's Hospital, Darlinghurst
.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, CMG
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
, KStJ
Venerable Order of Saint John
The Most Venerable Order of the Hospital of Saint John of Jerusalem , is a royal order of chivalry established in 1831 and found today throughout the Commonwealth of Nations, Hong Kong, Ireland and the United States of America, with the world-wide mission "to prevent and relieve sickness and...
(22 May 1902 - 3 May 1973) was a prominent Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n barrister, judge, chief justice and lieutenant governor of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. Biographer Martha Rutledge describes him as being “interested, interesting and with a lively sense of humour”, but that he “conducted his court with consideration, dignity and mercy”. He now has a ferry, The Lady Herron named after his wife.
Early years
Herron was born on 22 May 1902 in the SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
suburb of Mosman
Mosman, New South Wales
Mosman is a suburb on the Lower North Shore of Sydney, in the state of New South Wales, Australia. Mosman is located 8 kilometres north-east of the Sydney central business district and is the administrative centre for the local government area of the Municipality of Mosman.-Localities:In February...
, to Henry Herron and Emily Ethel (née Downie). Leslie was the second of six siblings. He was educated at the Mosman Church of England Preparatory School, at Sydney Grammar School
Sydney Grammar School
Sydney Grammar School is an independent, non-denominational, selective, day school for boys, located in Darlinghurst, Edgecliff and St Ives, all suburbs of Sydney, New South Wales, Australia....
and at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
. He obtained an LL.B in 1924 with second class honours. Herron played first-grade rugby union
Rugby union
Rugby union, often simply referred to as rugby, is a full contact team sport which originated in England in the early 19th century. One of the two codes of rugby football, it is based on running with the ball in hand...
in the position of “breakaway” for the Sydney club Western Suburbs Football Club between 1922 to 1925.
Herron was admitted to the New South Wales bar on 28 August 1925 and practiced in common law on the “Northern Circuit” of New South Wales. He married Andree Lorna on 6 January 1930 at St James' Anglican Church in the centre of Sydney on 6 January 1930. He took silk as a King's Counsel (KC) in 20 December 1939.
Judicial career
Herron was appointed as an acting judge of the District Court of New South WalesDistrict Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
in February 1939. The District Court is a middle ranking court in New South Wales and at the time was a civil court. On 10 February 1941, Herron was appointed as a judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, the state’s highest ranking court.
Herron served as a royal commissioner in the 1958 Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
of Inquiry into statements made by the Auditor-General in his annual report for the year 30 June 1958 concerning the Minister for Housing, the Honourable Abram Landa. In 1961, Herron became the chairman of the Law Reform Committee.
From March 1962, Herron served as acting chief justice of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
due to the illness of the then chief justice Doc Evatt. On Evatt’s resignation, Herron was permanently appointed as chief justice on 25 October 1962. Herron was to serve as chief justice during a time of structural change in the Supreme Court. In 1965, the New South Wales Government established the Court of Appeal
Court of Appeal of New South Wales
The New South Wales Court of Appeal is the highest civil state court for the Australian State of New South Wales. It forms part of the Supreme Court of New South Wales.-History:...
to replace the Full Court of the Supreme Court. This new court was to be the first court of its kind in Australia. The government however appointed a junior judge of the court, Justice Wallace, to be the first president of the new Court of Appeal. This made Wallace the second most senior judge of the Supreme Court. This appointment was resented by some of the other judges of the court and led to a schism in the bench, which was not fixed until Justice Sugerman replaced Wallace upon his retirement. It led to certain judges refusing to sit with other judges which created its own tensions.
Notable cases
One of the legally significant cases Herron was involved with was R v Cuthbert. This case laid out the rationale upon which a society inflicts punishment upon offenders when they contravene the law and commit a criminal offence. Herron said at 274:'The function of the criminal law and the purposes of punishment cannot be found in any single explanation, for it depends both upon the nature and type of offence and the offender. But all purposes may be reduced under the single heading of the protection of society, the protection of the community from crime. The sentence should be such as, having regard to all proved circumstances, seems at the same time to accord with the general moral sense of the community and to be likely to be a sufficient deterrent both to the prisoner and others: per Jordan CJ, R. v. Geddes. Courts have not infrequently attempted further analysis of the several aspects of punishment (Reg v. Goodrich), where retribution, deterrence and reformation are said to be its threefold purposes. In reality they are but the means employed by the Court for the attainment of the single purpose of the protection of society'.
Herron also presided in the trial of notorious Sydney identity Darcy Duggan. Duggan and William Cecil Mears were convicted by Herron for a bungled hold-up of the Commonwealth Bank at Ultimo in Sydney. Mears shot the bank manage Leslie Nalder, and both Duggan and Mears were charged with wounding with intent to murder. Herron sentenced both to death, but both sentences were commuted. Duggan and Mears were eventually paroled.
Herron was involved in hearing the criminal charges against Charles Ivan le Gallien. Le Gallien was sentenced to life imprisonment for murder. Herron received a death threat as a result of this trial, and was given police protection as a result.
Civic activities
Herron was heavily involved in civic activities in Australia. Herron was the president of the Australian Golf ClubThe Australian Golf Club
The Australian Golf Club is a golf club located in Rosebery, a suburb of Sydney, Australia. Although it survived numerous course location changes, it is arguably the oldest golf club in Australia. To date the course has held 17 Australian Opens, the most recent being from 13–16 December 2007,...
between 1944 and 1973. He was the president of the New South Wales Rugby Union
New South Wales Rugby Union
The New South Wales Rugby Union is the organisation responsible for the sport of rugby union in most of the state of New South Wales, Australia...
between 1943 and 1956. He was elected as the first chairman of the Australian Rugby Football Union was that body was first started on 25 November 1949.. He subsequently in 1957 was chairman of the International Rugby Football Board which is based in London. He was president of the New South Wales Amateur Swimming Association between 1949 and 1964. He was chairman of the Sydney Cricket Ground Trust between 1970 to 1972. Herron was the founding vice-president of Australian Neurological Foundation (now called the Brain Foundation) established in 1970. Herron was involved with fundraising for St Vincent's Hospital at Sydney, the Mater Misericordiae hospital in North Sydney, the National Heart Foundation, the Freedom from Hunger Campaign, the Central Methodist Mission, the Salvation Army and the Bush Children's Hostels Foundation of New South Wales. He was president of the New South Wales branch of the St John Ambulance Association. He was also a member of the New South Wales Olympic Council.
Honours
New South Wales Rugby Union established the Sir Leslie Herron Scholarship in 2004 to support young players in the competition.. Herron was appointed a knight of the Order of St John in 1964 for his work in the St John Ambulance. He was named 'Father of the Year' by the Australian Father Day Council in 1963.. He was appointed C.M.G.Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
in 1964 and K.B.E.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
in 1966, and in 1972 received the second honorary LL.D awarded by the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
.
Later years
Upon reaching the mandatory retirement age for judges in 1972, Herron remarked that he had reached 'the age of statutory senility' as he was no longer considered competent to work as a judge. Herron worked on a legal aid scheme and was the Administrator of the New South Wales government in the absence of the governorGovernors of New South Wales
The Governor of New South Wales is the state viceregal representative of the Australian monarch, Queen Elizabeth II, who is equally shared with 15 other sovereign nations in a form of personal union, as well as with the eleven other jurisdictions of Australia, and resides predominantly in her...
Sir Roden Cutler on an official visit to the United Kingdom between 11 April 1973 and until the date of his death on 3 May 1973 in St Vincent's Hospital, Darlinghurst
Darlinghurst, New South Wales
Darlinghurst is an inner-city, eastern suburb of Sydney, in the state of New South Wales, Australia. Darlinghurst is located immediately east of the Sydney central business district and Hyde Park, within the local government area of the City of Sydney...
.