Common Law and Code Jurisdictions
Australian criminal law was originally received from the English common law, which continued to evolve in Australian courts. Although all states also have some legislation on the criminal law, in some states criminal law has been codified whereas in other the bulk of the law is based on the common law. These may be referred to as 'common law jurisdictions' and 'code jurisdictions'.
New South Wales, South Australia and Victoria are common law jurisdictions. These states have Crimes Acts which list the most common offences and fix their penalties, but do not always exhaustively define the elements of the offence, e.g., Crimes Act 1900 (NSW). It is settled law in the common law jurisdictions that only Parliaments, not the courts, can create new offences.
The "code jurisdictions" are the Commonwealth, the Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia. In these jurisdictions a statutory code has been introduced to be a comprehensive statement of criminal law, and are interpreted to replace the common law except in cases of ambiguity. Codification in some cases involved a simple enactment of the common law into a statutory instrument. In other cases the changes were greater as the code was based on legislative instruments from other jurisdictions.
Legislation (including the criminal codes) is further refined by the method of judicial precedent and interpretation.
In addition to explicitly titled criminal code legislation there exists in most jurisdictions a further body of legislative or case precedent, the breach of whose conditions may result in criminal proceedings, e.g., Summary Offences Act 1966 (Vic)
Read more about this topic: Australian Criminal Law
Famous quotes containing the words common, law and/or code:
“The inspired scribbler always has the gift for gossip in our common usage ... he or she can always inspire the commonplace with an uncommon flavor, and transform trivialities by some original grace or sympathy or humor or affection.”
—Elizabeth Drew (18871965)
“Courts of law, and all the paraphernalia and folly of law ... cannot be found in a rational state of society.”
—Robert Owen (17711858)
“Wise Draco comes, deep in the midnight roll
Of black artillery; he comes, though late;
In code corroborating Calvins creed
And cynic tyrannies of honest kings;
He comes, nor parlies; and the Town, redeemed,
Gives thanks devout; nor, being thankful, heeds
The grimy slur on the Republics faith implied,
Which holds that Man is naturally good,
Andmoreis Natures Roman, never to be
scourged.”
—Herman Melville (18191891)