There was once a time when every law “apprentice” had a volume of “Statutes Old and New”. This book takes two aspects of the criminal law (the law of accessories before the fact, and the felony-murder rule) and, by a deep analysis of their sources and changing meanings, explores the relationship between statute law and common law. The analysis of old statutes extends to reading Law French, Latin and Anglo-Saxon statutes, contextually, and in doing so, much is revealed of legal history and the history of legal language. All this is tied to modern problems in actual cases (Mitchell v The King (2023) 276 CLR 299 and The King v Batak [2025] HCA 18). The book is written for lawyers and law students alike, with every second chapter in the style of a dialogue between teacher and students.
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Statutes Old and New
Laws, Language and Legal History
| Author | |
|---|---|
| ISBN | 9781760026059 |
| Publication date | 22/02/2027 |
| Format | Hardback |
AUD $200.00 gst included
Preface
Abbreviations
Tables
1. First seminar – Introduction
2. Two decisions, three doctrines and some concealed complexity
Introduction
The facts of Batak and Mitchell
Felony-murder, accessories, joint criminal enterprise
The concealed complexity of the problem
Conclusion
3. Second seminar – The felony-murder rule
4. The felony-murder rule in Australia
Introduction
Background to and criticism of the felony-murder rule
The creation and narrowing of the felony-murder rule at common law
The statutory definition of murder in New South Wales
The incorporation of the felony-murder rule in South Australian legislation
Conclusions on the context and purpose of the New South Wales and South Australian legislation
5. Third seminar – Colonial statutes
6. Identifying and resolving constructional choices
Introduction
The antiquity of the problem
The modernity of “constructional choice”
The nature of the problem
The importance of all of the words of the provision (including the small ones)
The perils of logical operators
The pitfalls of definitions
Conclusion
7. Fourth seminar – 19th century reforms of the law of accessories
8. Statutes in the late 13th century
Introduction
The enactment of the First Statute of Westminster
The publication of the First Statute of Westminster
The text of the First Statute of Westminster
The old statute books
The oldest surviving translation of the Statute of Westminster
The printing and “translation” of the statute books
Conclusion
9. Fifth seminar – Accessories at the scene become principals
10. Reading the Statute of Westminster 1275
Introduction
Appeal of felony
Attainder
Commandment, Force and Aide
The redefinition of accessories at the fact
The meaning of “aid, abet, counsel or procure”
What was a “statute”?
Conclusion
11. Sixth seminar – Accessories in Anglo-Saxon law
12. Anglo-Saxon laws, accessories and crime
Introduction
Anglo-Saxon laws
Accessories in Anglo-Saxon law
The nature of “crime” in Anglo-Saxon England
The natures of statutes in the 13th century
Conclusion
13. Seventh seminar – Assessment and looking back
Index





