The Criminal Law of Australia

THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, M. Dubber & K. Heller, eds., Stanford University Press, 2009

ANU College of Law Research Paper No. 09-25

52 Pages Posted: 8 Oct 2009

See all articles by Simon H Bronitt

Simon H Bronitt

Sydney Law School, The University of Sydney

Date Written: October 1, 2009

Abstract

The history of Australia’s criminal law is bound up in its foundation as a penal colony. The colony was first claimed by the British Crown in 1770 by Captain James Cook, with the first permanent European settlement established in 1788. The reason for the establishment of the colony was Britain’s urgent need to transport convicts following the loss of its 13 colonies as a result of the American war of independence.

The colony of New South Wales was established as a penal settlement in January 1788. As a settled colony - as distinct from a conquered or ceded one - the criminal law that applied was the inherited laws of England. This principle however was subject to a significant qualification. As Blackstone pointed out, “colonists carry with them only so much of the English law, as is applicable to their own situation and the condition of an infant colony.”

Suggested Citation

Bronitt, Simon H, The Criminal Law of Australia (October 1, 2009). THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, M. Dubber & K. Heller, eds., Stanford University Press, 2009 , ANU College of Law Research Paper No. 09-25, Available at SSRN: https://ssrn.com/abstract=1481505

Simon H Bronitt (Contact Author)

Sydney Law School, The University of Sydney ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
397
Abstract Views
1,290
rank
80,740
PlumX Metrics