The Criminal Code is expected to provide an integrated and coherent statement of the major offences against Commonwealth law. The Code is not intended, however, to provide a comprehensive statement of federal offences. A substantial proportion of offences – primarily those of a minor or specialised nature – remains in other Commonwealth legislation. Chapter 2 of the Code, which states the general principles of criminal responsibility, will extend to all Commonwealth offences, whether or not they are included in the Criminal Code. The date of application of the general principles varies however. Chapter 2 applies to all Code offences from their inception. From January 1 1997, legislation creating offences which are not included in the Code often made provision for Code principles to apply to their interpretation. It is accordingly necessary to determine whether specific provision has been made to apply Code principles when these non-Code offences are under consideration.
The transitional phase before Chapter 2 extends to all federal offences is short. Offences which are not subject to the provisions of Chapter 2 were brought within its scope from December 15, 2001.1
The provisions in Chapter 2 which deal with the relationship between intoxication and criminal liability were extended to all Commonwealth offences from 13 April 1998.2
