Death at Butterabby: the case of Belo and Mumbleby and Aboriginal women’s place in the nineteenth-century criminal justice system

Abstract

The Butterabbey gravesite is significant for its evidence of Aboriginal peoples’ resistance to colonial pastoral expansion and the dispossession of land and water sources in Western Australia. It is also significant to the case of R v Mumbleby and Belo (1865) which exemplifies the experiences of Aboriginal women defendants in nineteenth-century Western Australia whose experiences in the criminal justice system were different to both non-Indigenous women and Indigenous men. This paper analyses the case of R v Mumbleby and Belo within its historical context of frontier violence to reveal the treatment of Aboriginal women accused of homicide, and determine the power struggles at play.