It was accepted, it was not a crime at common law, as Roe and other works have recognized.

The High Court had held that the magistrate's court was not explicitly excluded from pronouncing upon the constitutional validity of crimes at common law.

In Scotland, rape was defined as "a crime at common law which consisted of the carnal knowledge of a female by a male person without her consent".

Definition: "A crime at common law for any person to indulge in indecent practises towards children under the age of puberty, whether they are consenting or not".

Kidnapping is a crime at common law and is codified in section 42 of the Offence Against the Person Ordinance (Cap.212).

The primordial origin of torts and crimes at common law was a system of compensation for wrongs, with no clear distinction between crimes and other wrongs.

Said Lord Justice General Emslie: 'There is ample authority for the view that the wilful and reckless administration of a dangerous substance to another causing injury or death is a crime at common law in Scotland'.