Criminal Law in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Australian criminal law operates under a dual system: common law criminal law prevails in the common law states of New South Wales, Victoria, South Australia, and the Australian Capital Territory; while codified criminal law, based on the Griffith Code, governs in Queensland, Western Australia, Tasmania, and the Northern Territory. The Commonwealth criminal law is codified in the Criminal Code Act 1995 (Cth). This bifurcation — between common law and code traditions — is the most distinctive feature of Australian criminal law and generates complex questions about the interaction of common law principles, statutory provisions, and constitutional limitations.

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Criminal Law in Australia

Introduction