Common law offences are crimes under English criminal law and the related criminal law of Commonwealth of Nations countries. These are offences of the common law which are developed entirely by the courts over the years, and for which there is no actual legislation.
The various common law offences are developed using the concept of malum in se.[1]
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In Australia Criminal Code Act 1995 (Cth) abolished all common law federal offences.[2] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia have also abolished common law State offences. Common law State offences still apply in New South Wales, South Australia and Victoria
In Canada, the 1953 consolidation of criminal law abolished all common law offences, except Contempt of Court under section 9 of the Criminal Code of Canada.
In England and Wales, the Law Commission's programme of codification of the criminal law had the eventual aim to abolish all the remaining common law offences and replace them, where appropriate, with offences precisely defined by statute. The common law offences were seen as unacceptably vague and open to development by the courts in silly ways which might offend the principle of certainty. However, they still exist under English law. In England and Wales, common law offences are punishable by unlimited fines and unlimited imprisonment.
Extant common law offences are listed at English criminal law#Common law offences and abolished etc offences are listed at History of English criminal law#Common law offences.
In New Zealand, the Crimes Act 1961 abolished common law offences, except for contempt of court and for courts martial.[3]
Common law offences no longer exist at the federal level, as per the U.S. Supreme Court's decision in United States v. Hudson and Goodwin, 11 U.S. 32 (1812). At the state level, the situation varies. Some states, such as New Jersey, have abolished common law crimes (see State v. Palendrano), while others, such as Kentucky, have chosen to continue to recognize them (see Commonwealth v. Donoghue).
This list includes offences that have been abolished or codified in one or more or all jurisdictions:
See also criminal libel
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