3. Legality Principle

Question 1

Legality Principle

Answer 1

• Crimes must be codified and only applied prospectively
• Cannot be punished for a crime that hasn’t been defined in advance by appropriate body
• Legislature is the body given the authority of crime definition, but courts can also describe conduct that will be punished in the future

Question 2

Rex v. Manley

Answer 2

example of judge made law that would violate the principle of legality today
- Manley told police that man hit her and stole her purse, had lied about that, arrested for public mischief, attorney argued the “indictment disclosed no offence known to the law,” court held that all offences that are public in nature are indictable and she was convicted