[1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
[2][3] Common law offences were seen as unacceptably vague and open to development by the courts in ways that might offend the principle of certainty.
[5] Section five of the Crimes Act, 1908 (which replaced the 1893 enactment),[6] and section 9 of the Crimes Act 1961 (which replaced the 1908 enactment) affirmed the abolition of criminal proceedings at common law, with the exception of contempt of court and of offences tried by courts martial.
A woman, Anne Royall, was nonetheless found guilty of being a common scold in Washington, D.C. in 1829; a newspaper paid her fine.
In some states, the elements of many crimes are defined mostly or entirely by common law, i.e., by prior judicial decisions.