The execution of notorious bushrangers Patrick Cuffe (Coffee) and John Toole in front of the stockade men at Newcastle in March 1838 had little effect on three young men residing in that town. Just two weeks after the execution, Henry Allen, William Bell and John Smith began their short-lived careers as bushrangers themselves.

On the evening of the 9th April 1838,  Allen, Bell and Smith perpetrated a vicious attack and robbery on Neil Penny (Tierney/Tinny/Finny) a 52 year old labourer who was walking along the Newcastle - Maitland road. Penny arrived on the Phoenix in 1826 and had held a ticket of leave for the district of Newcastle for the last six years. As there were only about 1200 people residing in Newcastle at this time, Penny would most likely have been known to the three who had probably also been residing in the area for a number of years. They disguised their faces with black handkerchiefs and Bell first grabbed Penny from behind before the others appeared to assist. William Bell's disguise was torn from his face in the scuffle. Between them they threw Penny to the ground and viciously kicked and ill treated him before robbing him of 15 shillings and an order for £3.

All three were apprehended and lodged in Newcastle gaol on 14th April 1838. They were sent to Sydney soon after to stand trial for highway robbery and received sentences of 'death recorded' for their crime. They were then transported to Norfolk Island for life.