Criminal Law and Procedure (11279.2)

This unit is designed to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories.

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 effectively
1. 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
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline

Prerequisites

None.

Corequisites

11251 Foundations of Law and Justice

Incompatible units

11436 Criminal Law and Procedure G

Equivalent units

7025 Criminal Law and Procedure

Assumed knowledge

None.