What is the test for establishing that a substantive crime and a punishment for that crime constitute a criminal offence?
California, United States of America
The following excerpt is from People v. Superior Court of San Diego Cnty., 255 Cal.Rptr.3d 239, 42 Cal.App.5th 270 (Cal. App. 2019):
People v. Vasilyan (2009) 174 Cal.App.4th 443, 449450, 94 Cal.Rptr.3d 260 ["That there must be a substantive crime and a punishment for that crime in order to constitute a criminal offense has been long recognized."]; see Alleyne v. United States (2013) 570 U.S. 99, 106, 133 S.Ct. 2151, 186 L.Ed.2d 314 [recognizing the "historic link between crime and punishment"].)
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