'Capital punishment was common practice in the early decades of colonial Australia: the malefactor swinging from the end of a hangman’s noose a well-known sight. Crimes of anti-social behaviour, food and forgery were of central concern to the early colonists, with the criminal act most likely to result in an executioner plying his craft being the stealing of food. The first person hanged in the new colony, for the theft of butter, peas and pork provisions, was young Thomas Barrett, executed one month and one day after the arrival of the First Fleet in New South Wales. Murder quickly followed crimes motivated by greed, hunger, and slovenliness, with punishment for such acts also quickly applied by administrators. Yet, the very brutal murder, in Sydney in August 1803, of Constable Joseph Luker – the first officer of the law to be slain in the pursuit of his duty in Australia – went largely unpunished due to a lack of evidence and a twist of fate. This paper discusses the death of Constable Luker and how his story was written, and offers a brief analysis of the non-death of those considered responsible for such a violent crime in the context of the colony’s punishment systems.' (Publication abstract)