These states have legislation which lists the most common offences and fix their penalties, but do not always exhaustively define the elements of criminal code act 1995 pdf offence. Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years. The offence of larceny remains defined by the common law. In these jurisdictions a statutory code has been introduced to be a comprehensive statement of criminal law, and replaces the common law except in cases of ambiguity.
Codification in some cases involved a simple enactment of the common law into a statutory instrument. In other cases the changes were greater as the code was based on legislative instruments from other jurisdictions. In addition to explicitly titled criminal code legislation, most jurisdictions also have other legislation that also creates some criminal offences, e. Federal Government can legislate on, the Model Criminal Code is simply a model that individual states may choose to adapt to their own criminal laws. Western Australia and the Northern Territory have participated in modifying some crimes to match the position in the model criminal code, but in many areas states have not changed laws to reflect this code, and in some instances rejected the code entirely. However, its jurisdiction in criminal matters is more limited than that of the states. The Commonwealth is in transition from the common law model to the code model.