1992 Report on General Principles of Criminal Responsibility

Chapters 1 and 2 of the Model Criminal Code, which were released in the Criminal Law Officers Committee (now Model Criminal Law Officers Committee) Final Report of December 1992, were modified by SCAG in 1993 shortly before the Commonwealth Government drafted what was enacted as the Criminal Code Act 1995.

The main modifications concerned Division 8, the principles which apply where an accused is intoxicated. Attorneys-General reversed the position recommended in the December 1992 Final Report.

There were also some adjustments in relation to conspiracy. SCAG decided that the threshold for conspiracy should be lowered to an offence punishable by 12 months imprisonment or a fine of $20,000, rather than 2 years or $100,000.

The version of Chapter 2 approved by SCAG included a number of minor drafting changes and a different numbering system. Readers will note that the Appendices to other Chapters use the SCAG approved version of Chapters 1 and 2.

The below report begins with an explanatory note, drafted in 1999, which attaches a consolidation of the version of Chapter 2 approved by SCAG. The remainder of the above report presents the version of Chapter 2 originally contained in the 1992 Final Report and accompanying commentary.

Report – Chapters 1 and 2 – General Principles of Criminal Responsibility – December 1992

Jurisdiction

In 2001, the Model Criminal Law Officers Committee released model provisions on jurisdiction for inclusion in Chapter 2 of the Model Criminal Code. These were released along with the Chapter 4 provisions on damage and computer offences.

Report – Chapter 4 – Damage and Computer Offences and Amendments to Chapter 2 (Jurisdiction) – January 2001