Comlaw 101 Notes Essay
There are two broad aspects addressed in this topic:
Legislation may affect existing common law and equitable obligations: e.g
-Legislation can cut across or interfere with common law and equitable obligations. Legislation can also reinforce such obligations.
-Example: ACC legislation in NZ takes away right to sue for personal injury, but sets up statutory rights to compensation for injury regardless of fault.
Legislation may create criminal liability:
-In NZ crimes can only be created by legislation. In this topic we will look at the nature of criminal liability
Express creation (or denial) of civil liability:
Some statutes expressly create a …show more content…
Tort = a civil wrong (common law obligation) -How does one know whether one's conduct constitutes a criminal offence? -All criminal offences in New Zealand must be expressly stated as such in legislation
-In assessing criminal liability, there is strict adherence to the words of the statute.
-Proof of each requisite elements necessary.
-Which legislation creates criminal offences? A multitude of statutes!!
-E.g the Fair Trading Act
-Importance of the Crimes Act 1961
-As well as containing many criminal offences; it contains much of the law relating to defences in the criminal law; and also covers many aspects of criminal procedure.
-A section creating a criminal offence will look something like this:
Every person who [does X, Y, Z] (= the prohibited conduct) commits an offence … and is liable upon conviction to [A, B, C] (= the prescribed penalty) (e.g. a fine not exceeding $10,000 or to a term of imprisonment not exceeding six months
The traditional elements of criminal offence
“It is a fundamental principle of criminal law that a crime is