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The first draft chapter of a new plain-English criminal code for Australia has been issued by the committee of the eight Australian Attorneys-General.

At present the Australian states and territories are divided into “code” states (Queensland, Western Australia, Tasmania and the Northern Territory) and common-law states (NSW, Victoria, South Australia and the ACT).

The standing committee of Attorneys-General said in 1990 that the inconsistency in criminal law in Australia could no longer be justified and set up the criminal law officers committee to build on work done by the Gibbs committee on criminal law to achieve consistency if not uniformity among the states.

The first draft chapter deals with general principles, rather than specific offences, things like the degree of intention, knowledge, recklessness or negligence required in an offence and some of the defences like self-defence, provocation and duress.

At present states differ. In some duress is a defence (Peter threatens Dennis that unless you kill Victor I will kill you). In others it is not. Similarly with intoxication. Varying degrees of intoxication provide varying defences in various circumstances in various states. The code attempts to simplify the issue and provide a uniform law. It also makes suggestions about what burden of proof is required from the prosecution and defence in the elements of the crime and the defence.

Inquiries can be directed to the Chair of the Criminal Law Officers Committee, Victorian Attorney-General’s Department, 200 Queen Street, Melbourne. 3000.

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