New South Wales Consolidated Acts

CRIMES ACT 1900 - SCHEDULE 3

SCHEDULE 3 – Abolished common law offences and rules

(Section 580H)

1 Arson

(1) The common law offence of arson is abolished.

(2) This clause does not apply to an offence committed before the commencement of section 3 of the Crimes (Criminal Destruction and Damage) Amendment Act 1987 .

2 Forgery

(1) The common law offence of forgery is abolished.

(2) This clause does not apply to an offence committed before 16 July 1989 (the date of commencement of the Crimes (Computers and Forgery) Amendment Act 1989 ).

3 Riot, rout and affray

(1) The common law offences of riot, rout and affray are abolished.

(2) This clause does not apply to an offence committed before 19 February 1989 (the date of commencement of the Crimes (Amendment) Act 1988 ).

4 Coercion of wife by husband

(1) Any presumption of law that an offence committed by a wife in the presence of her husband is committed under coercion of the husband is abolished.

(2) This clause does not apply to an offence committed before 1 October 1924 (the date of commencement of the Crimes (Amendment) Act 1924 ).

5 Maintenance (including champerty)

(1) The common law offence of maintenance (including champerty) is abolished.

(2) Subclause (1) re-enacts section 3 of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Note : The tort of maintenance (including champerty) is also abolished. See clause 2 of Schedule 2 to the Civil Liability Act 2002 .

6 Common barrator

(1) The common law offence of being a common barrator is abolished.

(2) Subclause (1) re-enacts section 4A of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

7 Person who fails to disclose crime committed by the person's husband or wife or de facto partner

(1) Any common law rule that a person cannot be found guilty of an offence involving failing to disclose a crime committed by the person's husband or wife or de facto partner is abolished.

(2) This clause applies only to or in respect of an offence involving failing to disclose such a crime if the offence is committed, or alleged to have been committed, on or after the commencement of this clause.

8 Abortion

Any rule of common law that creates an offence in relation to procuring a person's miscarriage is abolished.