The guide can be downloaded through the links below:
- A Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers [DOC 7543B]
- A Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers [PDF 1.32MB]
Principle in relation to criminal charges
A criminal offence is the ultimate sanction for breaching the law and there can be far-reaching consequences for those convicted of criminal offences.
A criminal offence is the benchmark against which other sanctions are measured.
The main purposes of criminal law are traditionally considered to be deterrence and punishment.
Central to the concept of criminality are the notion of individual culpability and the criminal intention for one’s actions.
A key characteristic of a crime, as opposed to other forms of prohibited behaviour, is the repugnance attached to the act, which invokes social censure and shame
Certain conduct should be almost invariably classified as criminal due to the degree of malfeasance or the nature of the wrongdoing involved.
conduct that results in physical or psychological harm to other people (murder, rape, terrorist acts) or
conduct involving dishonest or fraudulent conduct (false and misleading statements, bribery, forgery).
In addition, criminal offences should be used where the relevant conduct involves, or has the potential to cause, considerable harm to society or individuals…….