Criminal
Unified national Crimes Act 1961 with statutory offences only
A unified national criminal law under the Crimes Act 1961, with a single court hierarchy, an early guilty plea and case management regime, and no death penalty.
Key rules
- Deadline — Appeal against conviction or sentence in the District Court: 20 working days
Governing law
- Crimes Act 1961 (s. 9)
- Criminal Procedure Act 2011
- Sentencing Act 2002
- Evidence Act 2006
In practice
Unlike Australia, criminal law is national — one Crimes Act applies throughout, so there are no state-by-state differences in offences or defences. The Criminal Procedure Act 2011 sorts offences into four categories that determine the trial court and whether jury trial is available; the jury-trial threshold is offences punishable by two years' imprisonment or more. Section 9 of the Crimes Act preserves the rule that no one may be convicted of an offence at common law, so offences must be statutory. Sentencing is governed by the purposes and principles in the Sentencing Act 2002, including a statutory hierarchy that requires the least restrictive outcome appropriate.