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Chapter 1 and 2 - General Principles

Model Criminal Code

Chapter 1 and 2  - General Principles of Criminal Responsibility Report

Publication date: December 1992
Author: Criminal Law Officers Committee (now called Model Criminal Law Officers Committee (MCLOC))

Chapters 1 and 2 of the Model Criminal Code, which were released in the Criminal Law Officers Committee (now Model Criminal Code Officers Committee) Final Report of December 1992 was modified by the Standing Committee of Attorneys-General 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. The Standing Committee of Attorneys-General 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 the Standing Committee of Attorneys- General (SCAG) included a number of minor drafting changes and a different numbering system. Readers will note that in the Appendices to other Chapters use the SCAG approved version of Chapters 1 and 2. These are identical to the Commonwealth Criminal Code Act 1995.