W2: Sources of Criminal Law: Elements of Criminal Responsibility How does the criminal law work is what the first 3 weeks focus on ... The basic fundamental to build the bridge to relevant legislation etc. Know where to look for SOURCES OF CRIMINAL LAW SOURCES OF CRIMINAL LAW IN AUSTRALIA - OVERVIEW State Criminal Law Code Jurisdictions Qld, WA, Tas, NT, ACT Common Law Jurisdictions NSW, SA, Vic Federal Criminal Law Criminal Code (Cth) Crimes Act 1914 (Cth), specific statutes International Criminal Law bilateral; multilateral Sources of Criminal Law in Australia · Is first and foremost done by the states by default (not always, but usually) ? Because this is a power that is kept by the states and not surrendered by them ( federation ? Territories GAINED power to legislate for criminal law in the 1980s There are 2 kinds of state criminal law around Australia . 5 states use a CRIMINAL CODE that captures (not all of) the bulk of the criminal law O QLD, WA, Tas, NT, ACT o Unique to each area, but common in that they use this code as a starting point
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· 3 states use COMMON LAW jurisdictions o NSW, SA, Vic o This means they are kept in precedent - look at previous cases to determine rul . Those areas with a code still do look at precedent cases, but they are not starting point, merely supplementary o To some degree, these CL jurisdictions are far more important than code jurisdictions, because they are so much larger when it comes to the economic p and population in these jurisdictions · Lot more happening in these states than in other states More crimes, more cases to court, more on appeal, so many more HC dec concern CL jurisdictions because of the frequency . This means that for many CL jurisdictions (such as QLD), do not have ansu for certain questions because they have never been questioned in the san way ? This is where HC has pointed we should turn to CL jurisdictions beca they are ahead and might have encountered the problems to answe them. Although there are different jurisdictions, it still is one counti should have some commonalities Federal Criminal Law also exists · Done by federal parliament . Relates to those powers that are delegated to the Cth by virtue of S51 of the Constitu o Used to be very niche powers delegated from bottom up to the Cth, and some r to criminal law O In 2001 we have a federal Criminal Code (Cth) § Again, codified · Federal criminal law is in motion still - relatively emerging area o There are many specific statutes outside the federal criminal code that deal ith matters relating to federal criminal law (so not everything is codified) o E.g., Crimes Act 1914 (Cth) International Criminal Law . Australia is a party to many international treaties that mandate we criminalise differe things . These treaties may be multilateral (between multiple) or