It is important that criminal law is considered from all angles for a comprehensive approach. Criminal law principles are crucial because they are the fundamentals that underpin practice. Students learn these principles in a university setting and then apply them in real matters, from fact analysis to court advocacy. For an overview of practice topics, see our guide to criminal law in NSW.
Commonwealth Criminal Code
The Criminal Code Act 1995 (Cth) sets out many federal offences and general principles of criminal responsibility. It sits alongside state and territory laws. For example, NSW uses the Crimes Act 1900 (NSW) while Queensland has the Criminal Code (Qld). Understanding how Commonwealth and state frameworks interact helps with charging, jurisdiction and sentencing issues. If you are preparing a matter, our page on court representation is a good place to start.
Each jurisdiction has its own procedures and evidentiary rules, so always check the current legislation and local practice notes. Primary sources are available via the Federal Register of Legislation and NSW Legislation.
How Do You Keep Students Engaged?
Principles to practice is one of the best ways to keep students engaged. Pair theory with practical tasks such as drafting case notes, building timelines and running short advocacy exercises. This creates a more interesting learning experience and improves retention.
Integrated discussion helps too. For instance, combine evidentiary principles with a short problem question and ask students to map elements and burdens. This is a practical way to teach criminal law perspectives and the application of procedure. For extra context, see our notes on criminal defences in NSW.
What is Criminal Procedure?
Criminal procedure is the process by which matters are dealt with from charge to finalisation. In NSW, the key statute is the Criminal Procedure Act 1986 (NSW). Evidence must be gathered, analysed and presented in line with the Evidence Act 1995 (NSW) and any relevant Commonwealth provisions.
When presenting a case, focus on clear issue identification and concise fact summaries. Lead with an engaging introduction and provide an accessible overview of the law you will rely on. Hand up copies of key provisions, authorities and exhibits. Useful public resources include LawAccess NSW and the High Court and Federal Court libraries via AustLII. For court logistics, see our guide to NSW criminal court procedures.
Why is it Important to Consider Historical Principles?
Historical principles underpin many modern rules. Understanding their origin helps with interpretation and persuasive submissions. When studying, build short “case boxes” that set out the historical application and the current rule, then compare outcomes.
Organise materials with authorities and excerpts, and practice turning those into short oral submissions. This approach strengthens both doctrinal knowledge and advocacy skills. If you need help preparing materials for a real matter, contact Jameson Law for tailored guidance.
