LAWS6130
10 units
6000 level
Course handbook
Description
Criminal Law and Procedure is the foundational course in criminal law. Students typically study this course in the first year of JD/GDLP programs, which means that this is the first time you learn about the role that the state plays in proscribing norms of behaviour and regulating the conduct of its citizens through the criminal law. The course will take us on an intriguing exploration of human behaviour, the operation of legal institutions, community participation in criminal procedure, social justice and the way in which our criminal laws shape, and are shaped by, contemporary social issues.
The course will allow you to develop foundational knowledge of the criminal law. We will foster a contextual and critical understanding of the application of the criminal law in practice. The course focuses primarily on the criminal laws of New South Wales, although comparative components (both within Australia and internationally) are included where appropriate. Much of the course is devoted to studying the major criminal offences listed below. Major defences and the rules and principles of criminal procedure will also be examined in some detail. We will also begin to develop a familiarity with the principal agencies, procedures and routines involved in the administration of criminal justice in contemporary New South Wales.
Our learning activities and assessment items in the course have a connection to the practice-context, which means that we will work to develop both participatory oral and written communication skills relevant to the practice of criminal law. Those activities will be largely case and problem-based, so that you can see how your developing skills in legal analysis and legal problem solving relate to professional practice. You will also further develop your skills in statutory interpretation, which are fundamental to the practice of criminal law in contemporary NSW.
Availability2024 Course Timetables
Newcastle City Precinct
- Semester 2 - 2024
Learning outcomes
On successful completion of the course students will be able to:
1. Demonstrate specialised knowledge and an advanced and integrated understanding of major concepts and principles in the criminal law.
2. Analyse critically the role played by major legal actors and agencies and explain the major procedures involved in criminal law and its practice.
3. Evaluate the social, political, moral and ethical dimensions of the criminal law and its practice.
4. Interpret, analyse and utilise primary and secondary materials relevant to the study of criminal law.
5. Demonstrate expert judgement in applying legal knowledge to hypothetical criminal law problems.
6. Use advanced oral and written communication skills to transmit knowledge and ideas in the criminal law context, including in forms relevant to its professional practice.
Content
Topics in this course include:• Definitions of crime;• Aims of criminal law;• Criminal procedures (including investigation, arrest and bail); • Elements of criminal offences;• Non fatal offences against the person; • Sexual offences;• Drug offences;• Property offences; • Homicide; • Defences (including mental illness, self-defence and intoxication);• Criminal proceedings (including classification of offences and sentencing).
Requisite
Students must be active in either the
Juris Doctor/Grad Dip Legal Practice program [12334];
Juris Doctor [50016];
or the Master of Laws [12333]
Assumed knowledge
LAWS6000, LAWS6001 and LAWS6120 (which can be studied concurrently with LAWS6130).
Assessment items
Written Assignment: Written Assignment
Compulsory Requirement: Submit assessment item - Must submit this assessment to pass the course.
In Term Test: In term test
Compulsory Requirement: Submit assessment item - Must submit this assessment to pass the course.
Formal Examination: Examination
Compulsory Requirement: Submit assessment item - Must submit this assessment to pass the course.
Presentation: Oral Presentation
Compulsory Requirement: Submit assessment item - Must submit this assessment to pass the course.
Contact hours
Semester 2 - 2024 - Newcastle City Precinct
Seminar-1
- Face to Face On Campus 2 hour(s) per week(s) for 12 week(s) starting in week 1
- Compulsory Requirement: Students must attend 80% of sessions.
Tutorial-1
- Face to Face On Campus 1 hour(s) per week(s) for 12 week(s) starting in week 1
- Compulsory Requirement: Students must attend 80% of sessions.
Course outline
Course outline not yet available.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.