Reiterating the Criminal Code
In February 1992, the Law Comrnission issued a Consultation Paper, including a draft Bill, on the criminal law. 1 The Paper contains three main elements. First, it proposes a comprehensive reform of the present law on non-fatal offences against the person. There would be new offences of intentionally causing serious injury; recklessly causing serious injury; and intentionally or recklessly causing injury; together with renderings of the present crimes of battery and assault. There would also be related offences of kidnapping, unlawful detention and such like, along fairly familiar lines. The Paper also proposes statutory definitions of 'intention' and 'recklessness,'2 but only for the purposes of these offences and not for general application. Second, the Paper proposes a statutory statement of certain general principles of the criminal law. These include supervening fault, transferred fault and defences, and the defences of duress by threats, duress of circumstances and private and public defence. These proposals largely follow the present law, though with adjustments as to details. They would be of general application and would not be confined to the new offences against the person. Third, the Paper proposes a provision on intoxication, but only by way of applying the present rules about drunken unconsciousness and drunken mistakes to the offences and defences contained in the Paper's other two elements.