Criminal Law and Procedure (Parts A and B) is an introductory course to the criminal law. The course will develop your knowledge of the key areas of criminal liability, and aims to develop a critical understanding of the function and application of the criminal law. The focus is primarily the criminal laws of New South Wales, although a comparative component is included.
This course will introduce students to the principles of criminal responsibility. It will include detailed consideration of a broad range of criminal offences, defences, and the broader context of the criminal law. The rules of criminal procedure will be examined in some detail. The principal agencies, procedures and routines involved in the administration of criminal justice will be addressed. This course will also contribute to the further development of skills in legal problem solving, legal research and analysis, and written communication in a professional legal context.
Not currently offered.
This Course was last offered in Semester 1 - 2018.
This course is part of a multi-term sequence. Both Part A and Part B must be completed to meet the requirements of the sequence. Part A and Part B must be completed in consecutive terms. Students must complete Part A before completing Part B. Students must complete the sequence within a twelve month period. If students complete Part A but are unable to complete Part B within the timeframe, they must re-enrol in Part A.
On successful completion of the course students will be able to:
1. Demonstrate a comprehensive contextual knowledge of the concepts and principles of the criminal law;
2. Demonstrate a comprehensive contextual knowledge of the major agencies and procedures involved in the criminal justice system;
3. Critically evaluate the social, political, moral and ethical dimensions of the criminal law;
4. Locate and retrieve primary and secondary materials relevant to the study of criminal law;
5. Interpret, analyse and critique primary and secondary materials relevant to the study of criminal law;
6. Engage in legal reasoning and apply legal knowledge in solving hypothetical criminal law problems;
7. Demonstrate developed written communication skills in the context of criminal law.
8. Orally present and defend arguments in interactive dialogue with the teacher and peers in a style consistent with professional client consultations, mediation, negotiation and court appearances.
This course will introduce students to the concepts and principles of the criminal law, including: principles of criminal responsibility; a broad range of criminal offences (such as assault, sexual assault, murder and manslaughter, property offences, drug offences, traffic offences and public order offences); principles by which criminal responsibility is extended; and the major defences (including the mental state defences, provocation, self-defence and related issues). This course will also address in detail the major agencies and procedures that comprise the criminal justice system (including contemporary policing, pre-trial procedures and prosecution of crime), and the major principles of criminal sentencing.
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
The course assumes students have completed the core 1000 level law subjects (LAWS1001A, LAWS1001B, LAWS1003A and LAWS1003B) or equivalents, or are Graduate Entry LLB (Hons) students.
Participation: Attendance at Seminars and Workshops *
Formal Examination: Formal Examination *
Presentation: Group Presentation of case analysis
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
Course Assessment Requirements:
- Formal Examination: Attempt / Submission Requirement - Students must attempt/submit this assessment item to pass the course.
- Participation: Attempt / Submission Requirement - Students must attempt/submit this assessment item to pass the course. - Attendance at all classes (seminars and workshops) will be monitored and records maintained by the Course Coordinator. In order to satisfy the “Attendance” requirement, students must be present at a minimum of 80% of scheduled classes as spelled out in the course outline, unless they are able to demonstrate that their absence falls within the Adverse Circumstances policy. Unless this requirement is met, despite marks awarded in other assessment items, the student will receive a zero mark and an FF grade for the course