The University of Newcastle, Australia
Available in 2019
Course code

LAWS2030

Units

10 units

Level

2000 level

Course handbook

Description

Criminal Law and Procedure is the first 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.

The course introduces the principles of criminal responsibility. It will include detailed consideration of a 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 your skills in legal problem solving, legal research and analysis, and written communication in a professional legal context.


Availability2019 Course Timetables

Newcastle City Precinct

  • Semester 2 - 2019

Replacing course(s)

This course replaces the following course(s): LAWS2004A. Students who have successfully completed LAWS2004A are not eligible to enrol in LAWS2030.


Learning outcomes

On successful completion of the course students will be able to:

1. Describe the concepts and principles of the criminal law.

2. Explain 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. Use 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.


Content

This course will introduce students to the concepts and principles of the criminal law, including principles of criminal responsibility and a range of criminal offences. 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. In particular, the course covers:

  • Foundations of criminal law in NSW
  • Definitions of Crime
  • Elements of Crime
  • Aims of the criminal law
  • Strict and absolute liability
  • Classification of offences
  • Murder
  • Voluntary and involuntary manslaughter
  • Assaults and Domestic Violence
  • Sexual offences
  • Drug offences
  • Mental state defences
  • Mental illness
  • Insanity
  • Intoxification
  • Duress, necessity, self-defence and provocation
  • Attempts, conspiracy and complicity
  • Investigation, arrest and bail
  • Trial, sentencing and appeal

Requisite

This course is only available to students enrolled in the Bachelor of Laws (Honours) and associated combined degree programs.


Assumed knowledge

LAWS2030Criminal Law and ProcedureCriminal Law and Procedure is the first 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.

The course introduces the principles of criminal responsibility. It will include detailed consideration of a 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 your skills in legal problem solving, legal research and analysis, and written communication in a professional legal context.FBUSLFaculty of Business and Law341Newcastle Law School1020005980Semester 2 - 2019NCLE_CITYNewcastle City Precinct2019The course assumes students have completed the core 1000 level law subjects (LAWS1010, LAWS1011, LAWS1020 and LAWS1021).This course will introduce students to the concepts and principles of the criminal law, including principles of criminal responsibility and a range of criminal offences. 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. In particular, the course covers:Foundations of criminal law in NSWDefinitions of CrimeElements of CrimeAims of the criminal lawStrict and absolute liabilityClassification of offencesMurderVoluntary and involuntary manslaughterAssaults and Domestic ViolenceSexual offencesDrug offencesMental state defencesMental illnessInsanityIntoxificationDuress, necessity, self-defence and provocationAttempts, conspiracy and complicityInvestigation, arrest and bailTrial, sentencing and appeal NOn successful completion of this course, students will be able to:1Describe the concepts and principles of the criminal law.2Explain the major agencies and procedures involved in the criminal justice system.3Critically evaluate the social, political, moral and ethical dimensions of the criminal law.4Locate and retrieve primary and secondary materials relevant to the study of criminal law.5Interpret, analyse and critique primary and secondary materials relevant to the study of criminal law.6Engage in legal reasoning and apply legal knowledge in solving hypothetical criminal law problems.7Use developed written communication skills in the context of criminal law.8Orally 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 replaces the following course(s): LAWS2004A. Students who have successfully completed LAWS2004A are not eligible to enrol in LAWS2030. This course is only available to students enrolled in the Bachelor of Laws (Honours) and associated combined degree programs.Written Assignment: Client Advice on LiabilityParticipation: Attendance at and group participation in seminars and workshops *Formal Examination: Formal Examination ** This assessment has a compulsory requirement.Newcastle City PrecinctOnline ActivityFace to Face On Campus1hour(s)per Week for0Full Term0SeminarFace to Face On Campus2hour(s)per Week for0Full Term0In 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.


Assessment items

Written Assignment: Client Advice on Liability

Participation: Attendance at and group participation in seminars and workshops *

Formal Examination: Formal Examination *

* This assessment has a compulsory requirement.


Compulsory Requirements

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.

Contact hours

Newcastle City Precinct

Online Activity

Face to Face On Campus 1 hour(s) per Week for Full Term

Seminar

Face to Face On Campus 2 hour(s) per Week for Full Term