Criminal Law Australia
Criminal law in Australia was received from the English common law, but today, Australian courts have tweaked some parts of the law to fit the government's clauses. However, most parts of the law are based on the common one. However, criminal law in Australia varies between the regions. This article addresses those variations by Save U Legal.
New South Wales
The common law, as well as the statutory provisions in the Crime Act 1900, basically form the basis of the criminal offenses under the New South Wales Law. The maximum penalties for larceny are found in the crimes act 1900. However, the definition of larceny is a matter of common law and this is one of the numerous instances that are similar to the English common law.
Queensland follows the Criminal Code Act 1899, which was first formulated by Sir Samuel Walker Griffith and then by the chief Justice of the Supreme Court of Queensland. Sir Samuel Walker Griffith borrowed most of the Act's elements from the Italian Penal Code 1889 as well as the New York Penal Code 1881. He described the Italian Penal Code as the perfect and most complete penal code in existence, and he translated it. The Griffith code, as it was named, was later adopted in various parts of the Commonwealth Nations, with a few changes.
Most of the crimes in this region are addressed under the Criminal Law Consolidation Act 1935.
The Criminal Code here is similar to that of Queensland.
The Northern Territory's criminal law is also heavily based on the Acts prevalent in Western Australia and Queensland. This is because the drafting of this region's Criminal Code Act 1983 reflected many aspects found in both the Queensland and Western Territory codes.
Most crimes in this region are based on the Crimes Act 1958. A couple of them are also based on the common law provisions for criminal conduct within the region.
The structure of criminal law in this region is not so different from that of Western Australia and Queensland. However, the serious crime offenses are based on a single piece of legislation which is the Criminal Code Act created in 1924. The police offenses act, the firearms act, and the road safety act are among the numerous acts that are considered as criminal offenses in Tasmania.
I hope that this post has given you knowledge of criminal law in Australia and so, you know what to expect in any of the mentioned regions.
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