NCJ Number
63713
Date Published
1977
Length
508 pages
Annotation
THE CRIMINAL LAW AND PENAL METHODS REFORM COMMITTEE OF SOUTH AUSTRALIA PRESENTS ITS REPORT RELATING TO SUBSTANTIVE CRIMINAL LAW WITH RECOMMENDATIONS FOR CHANGES TO THE ATTORNEY GENERAL.
Abstract
THE COMMITTEE INVITED PERSONS AND ORGANIZATIONS APPEARING TO HAVE A PARTICULAR INTEREST IN SUBSTANTIVE CRIMINAL LAW TO SEND WRITTEN SUBMISSIONS. ANY INFORMATION SEEMING TO BE APPROPRIATE TO MATTERS IN THE SUBSTANTIVE LAW AMENDMENT WAS FURTHER SOLICITED FROM THE JUSTICE OF THE SUPREME COURT OF SOUTH AUSTRALIA, JUDGES OF THE LOCAL AND DISTRICT CRIMINAL COURT, THE CHIEF STIPENDIARY MAGISTRATE AND THE SUPERVISING STIPENDIARY MAGISTRATE. COMMUNICATION WAS MADE WITH THE COMMISSIONER OF POLICE AND WITH HIS OFFICERS ON SPECIFIC MATTERS. OTHER PERSONS WERE INTERVIEWED FOR PARTICULAR INFORMATION AND ASSISTANCE WAS DERIVED FROM OVERSEAS AND FROM AUSTRALIAN REPORTS OF INQUIRIES AND FROM NUMEROUS PUBLICATIONS RELATING TO SUBSTANTIVE LAW. EIGHT MAJOR CATEGORIES WERE INVESTIGATED, INCLUDING HOMICIDE, ASSAULTS AGAINST THE PERSON, SEXUAL OFFENSES, THEFT, PROPERTY OFFENSES, OFFENSES RELATING THE ADMINISTRATION OF JUSTICE AND PUBLIC ADMINISTRATION, ANCILLARY RESPONSIBILITY, AND THE POLICE OFFENSES ACT. GENERAL PRINCIPLES WERE ANALYZED IN TERMS OF FACT AND LAW, MISTAKE OF FACT, REASONABLE CONDUCT, CORPORATE CRIMINAL RESPONSIBILITY, EXTRATERRITORIALITY, AND THE CODIFICATION OF CRIMINAL LAW. ATTENTION IS FURTHER DEVOTED TO THE CLASSIFICATION OF OFFENSES AND PENALTIES. A SUMMARY OF THE RECOMMENDATIONS PROPOSED THROUGHOUT THE TEST IS APPENDED, ALONG WITH AN INDEX. A TABLE OF CASES, NAMES OF THE PERSONS INTERVIEWED; A BIBLIOGRAPHY OF WORKS CITED, AND A TABLE OF STATUTES ARE PROVIDED. (MHP)