Criminal Law and Procedure (11279.2)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | Flexible |
UC - Canberra, Bruce |
| EFTSL | Credit points | Faculty |
| 0.125 | 3 | Faculty Of Business, Government & Law |
| Discipline | Study level | HECS Bands |
| Canberra Law School | Level 1 - Undergraduate Introductory Unit | Band 4 2021 (Commenced After 1 Jan 2021) Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905) Band 5 2021 (Commenced Before 1 Jan 2021) |
This unit introduces students to the criminal law of the Australian Capital Territory and New South Wales. Students will gain a foundational understanding of the history, development and aims of the criminal law; the nature and sources of criminal law; basic theories of criminal law; the role of the state; and the historical and social context in which criminal law regulates behaviour.
The unit deals with common law and statutory sources of criminal law, including the codification of the criminal law in the ACT. The unit explores how crime is defined and covers the classification of offences in relation to issues of voluntariness and the physical and fault elements of offences.
Students will gain an understanding of criminal law defences; issues of agency, participation and attempts; and the effect of drunkenness and mistake on criminal liability.
Students will also gain an understanding of criminal procedure including, the burden and standard of proof as well as the role of discretion.
Learning outcomes
After successful completion of this unit, students will be able to:1. Evaluate the definitions and elements of crime and the aims of criminal law doctrine;
2. Understand and solve problems involving specific offences, such as Homicide, Non-fatal offences against the person, Sexual offences, Property offences, Drug offences, and Regulatory offences;
3. Explain and apply the law in relation to defences, particularly for homicide and non-fatal offences;
4. Analyse the principles and practice relating to agency, participation and attempts, and the effect of drunkenness and mistake on criminal liability; and
5. Understand criminal procedure, including the burden and standard of proof as well as the role of discretion.
Graduate attributes
1. UC graduates are professional - communicate effectively1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - think globally about issues in their profession
Skills development
This is a Priestley 11 unit required for professional admission as a legal practitioner. The curriculum requirements for each Priestley unit are set out in the LACC Model Admission Rules 2015 and the LACC Redrafted Prescribed Areas of Knowledge 2015.
Prerequisites
None.Corequisites
11251 Foundations of Law and JusticeIncompatible units
11436 Criminal Law and Procedure GEquivalent units
7025 Criminal Law and ProcedureAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2023 | UC - Canberra, Bruce | Semester 2 | 31 July 2023 | Flexible | Dr Tony Krone |
Required texts
Required Text:
John Anderson et al. Criminal Law Perspectives: From Principles to Practice (Cambridge University Press, 2020)
Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process in New South Wales (Federation Press, 7th ed, 2020)
Howie & Johnson, Annotated Criminal Legislation in New South Wales 2018-2019 (Lexis Nexis)
Submission of assessment items
Special assessment requirements
As this course is a threshold requirement for admission to legal practice, all law students are required to submit and attempt all assessment items to be eligible to pass this unit.
Academic integrity
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
Participation requirements
Students are expected to listen to online lectures and participate in their allocated online or face-to-face tutorials.
Required IT skills
Word processing and Canvas skills.
This unit may involve online sessions in real-time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real-time with your lecturer/tutor and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will help familiarise you with the functionality of the virtual room.
Work placement, internships or practicums
This unit involves simulation of a professional task - providing legal advice
