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]

Australia [edit]

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

Canada [edit]

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.

England and Wales [edit]

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.

List of offences under the common law of England [edit]

This list includes offences that have been abolished or codified in one or more or all jurisdictions:

• Murder
• Manslaughter
• Mayhem
• Common assault aka assault
• Battery
• Assault with intent to rob
• Assault with intent to rape
• Kidnapping
• False imprisonment
• Rape
• Arson
• Larceny
• Robbery
• Burglary
• Concealment of treasure trove
• Cheating
• Forgery
• High treason
• Petty treason
• Misprision of treason (disputed - alleged to be statutory)
• Compounding treason
• Sedition
• Seditious libel
• Contempt of the sovereign
• Misconduct in public office
• Refusal to execute public office
• Doing an act tending and intended to pervert the course of public justice - a.k.a. perverting the course of justice, defeating the ends of justice, obstructing the administration of justice
• Contempt of court a.k.a. criminal contempt
• Misprision of felony (disputed - alleged not to exist)
• Compounding a felony
• Fabrication of false evidence
• Escape
• Permitting an escape
• Breach of prison/breaking prison
• Rescue/rescuing a prisoner in custody
• Effecting a public mischief (disputed - held to no longer exist)
• Riot
• Rout
• Affray
• Unlawful assembly
• Breach of the peace
• Defamatory libel
• Public nuisance
• Obscene libel
• Blasphemy
• Blasphemous libel
• Incitement
• Maintenance
• Champerty
• Embracery
• Challenging to fight
• Eavesdropping
• Being a common barrator - see Barratry
• Being a common scold
• Being a common nightwalker
• Outraging public decency
• Forcible entry
• Forcible detainer
• Attempt
• Conspiracy
• Bribery

See also criminal libel

New Zealand [edit]

In New Zealand, the Crimes Act 1961 abolished common law offences, except for contempt of court and for courts martial.^[3]

United States [edit]

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).

See also [edit]

• Nullum crimen, nulla poena sine praevia lege poenali

References [edit]

External links [edit]

• CASE LAW on free B.E.A.G.L.E.S. legal resource centre

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