Criminal Law and Procedure G (11436.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Graduate Level|| 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)
Criminal law pervades our lives. Some of us are participants in the criminal justice process, as victims, perpetrators, innocent defendants, witnesses, counsellors, criminal lawyers or judges. Others are observers, digesting news reports, crime fiction or legal dramas. For all of us, criminal law matters. It defines and is defined by our moral views - our beliefs in right and wrong, and each of us has an opinion when it comes to criminality. This unit gives students the opportunity to consider their opinions through a close analysis of legislated and judicially created categories of guilt and innocence.
Many foundational and procedural questions will be explored throughout the unit, including:
- What behaviours are criminal?
- Who is and is not criminally responsible?
- How and why should offenders be punished?
- How does the criminal law protect members of society without penalising the innocent?
- Who represents the interests of society, the victim and the accused in the criminal justice process, from arrest to appeal, and how do they do it?
The unit requires students to learn to think like criminal lawyers, applying the structured analytical and ethical approach required of those seeking to prosecute or defend alleged offenders. Students will be required to analyse factual scenarios to determine whether the physical and mental elements of a crime can be proved, and whether any defences can be relied upon.
The unit will introduce students to criminal practice, including the standard of proof and the trial process - topics that will be further explored in Evidence Law. In addition, the unit will require students to consider claims of injustice and arguments for law reform.
A warning: The subject matter of the unit can be fascinating, but it can also be disturbing, particularly for those who have had personal experience as victims of crime. Should you have any concerns about taking the unit, or any aspects of the unit, please contact the lecturer.
This unit may be co-taught with an undergraduate version of the unit.
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Identify, explain and critically analyse the principles and practice of criminal law in NSW and the ACT. Areas covered may include the mental and physical elements of offences, the standard of proof, the trial process, specific offences, defences and sentencing; and
2. Use legal research, problem-solving, writing and advocacy skills to apply principles of criminal law to solve complex legal problems.
Graduate attributes1. 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 - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
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.
PrerequisitesThis unit is only available to student in the Juris Doctor, Master of Laws, Master of Legal Studies, Graduate Diploma in Legal Studies and Graduate Certificate in Legal Studies courses.
CorequisitesStudents must be enrolled in or have already passed 11431 Foundations of Law and Justice G or equivalent.
Equivalent units7481 Criminal Law and Procedure G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
John Anderson et al. Criminal Law Perspectives: From Principles to Practice (Cambridge University Press, 2020)
Lorraine Finlay and Tyrone Kirchengast, Criminal law in Australia (LexisNexis Butterworths, 2nd ed, 2020)
David Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process in New South Wales (Federation Press, 7th ed, 2020)
Simon Bronitt & Bernadette McSherry, Principles of Criminal Law (Thomson Reuters, 4th ed, 2017)
Roderick N Howie & Peter A Johnson, Annotated Criminal Legislation in New South Wales 2018-2019 (Lexis Nexis)
Submission of assessment items
Extensions & Late submissions
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.
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.
Students are expected to listen to online lectures and prepare for and participate in their allocated online or face-to-face workshops.
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 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 trigger a tutorial to 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