Advanced Criminal Law
|Course code LAWS5003||Units 10||Level 5000||Faculty of Business and LawNewcastle Law School|
LLB courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.
Explores some themes in the criminal law related to the importance of the mental element in crime generally together with advanced analysis of mental state defences. Other topics will vary with each offering to reflect recent and significant issues in the criminal law and may include the role and impact of policing and prosecution agencies in the criminal justice system, the importance of sentencing law and practice, the federal-state framework of Australian criminal laws, and the elements and investigation of some particular criminal offences. The contemporary issues examined in the course will be set to reflect current reform and critical comment.
Available in 2014
|Objectives||(i) To equip students with knowledge and foster deep understanding of the current theoretical and practical issues relating to the concept of crime and the role of criminal law in society.|
(ii) To extend student knowledge and understanding of criminal responsibility, criminal offences, the rights and needs of victims of crime, sentencing, and the principal agencies involved in the administration of criminal justice.
(iii) To critically examine the role of criminal law in the criminal justice system, including issues of policy, practice and procedure which may influence the outcome of cases and formulation of legislation in this area of law.
(iv) To further develop the capacity of students to analyse and apply principles of law in the context of advanced study of the criminal law.
|Content||1. "Crime and the mind" - thematic topic involving advanced analysis of intention, knowledge and volition in criminal responsibility, including joint criminal enterprises. Also will involve further analysis of mental state defences in the criminal law.|
2. Focus study's on selected criminal offences using cases and/or problems to look at the substantive elements of the offence, investigation, pre-trial and trial procedures by prosecution and defence, punishment and appeal issues.
3. The principal agents in the administration of criminal justice - critical examination of the role of police and prosecutorial agencies in the criminal justice system, including issues arising from the Wood Royal Commission into the NSW Police Service.
4. Federal criminal law - examination of the federal-state framework of Australian criminal laws including the development and implementation of a national criminal code.
5. Sentencing issues in the criminal justice system - advanced analysis of the theoretical principles of sentencing and their practical application in contemporary sentencing systems.
6. Current Issues in Criminal Justice - to reflect any important issues of current theoretical and practical significance requiring critical examination of proposed reforms not otherwise dealt with under fixed course content.
|Assumed Knowledge||LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B,(or equivalents).|
|Modes of Delivery||Internal Mode|
|Teaching Methods||Problem Based Learning|
|Contact Hours||Seminar: for 3 hour(s) per Week for Full Term|
|Timetables||2014 Course Timetables for LAWS5003|