7025 Criminal Law and Procedure by stoked619jm


									Unit Outline 2012
Faculty of Business, Governance and Law

Criminal Law and Procedure

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This Unit Outline must be read in conjunction with:

a) UC Student Guide to Policies, which sets out University-wide policies and procedures, including
   information on matters such as plagiarism, grade descriptors, moderation, feedback and deferred
   exams, and is available at (scroll to bottom of page)

b) UC Guide to Student Services, and is available at (scroll to bottom of page)

c) Any additional information specified in section 6h.

1:      General Information
1a      Unit title      Criminal Law and Procedure

1b      Unit number     7025

1c      Teaching period and year offered          Semester 1, 2012

1d      Credit point value      3

1e      Unit level      3

1f      Name of Unit Convener and contact details (including telephone and email)
        Scott Pearsall
        04248 64848
        Consultation times by appointment

1g      Administrative contact details (including name, location, telephone and email)

        Lynette Khor
        Phone: (02) 6201 5762
        Building 6, Level C, Room 38

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2:       Academic Content
2a      Unit description and learning outcomes
Criminal law pervades our lives. Some of us are participants in the criminal justice process: 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. The unit, Criminal Law and Procedure, 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 criminally responsible and who isn’t? 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. This has proven to be the case in the
past. Should you have any concerns about taking the unit, or any aspects of the unit, please contact the

Learning outcomes:

Upon satisfactory completion of this unit, students will:

     1. understand and be able to apply the principles of the criminal law as practised in the ACT and
        NSW; and
     2. demonstrate a continuing development of the skills of:
           a. legal reasoning and analysis;
           b. advocacy;
           c. legal research and writing;
           d. problem solving; and
           e. critique.

2b       Related generic skills
In particular this unit seeks to foster the development of the following generic skills and graduate
attributes (see https://guard.canberra.edu.au/policy/policy.php?pol_id=3030):
     1. Oral and written communication skills, including listening skills and the presentation of
         persuasive argument.
     2. The ability to apply appropriate problem solving processes, arguments, critical and creative
     3. Social responsibility, professional ethics and workplace skills, including the capacity to work
         as a team.
     4. The capacity to think critically, challenge existing ideas and understand the relevance and
         importance of learning in a broad social context.

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2c      Prerequisites and/or co-requisites

Entry to the LLB or enrolment in the Justice Studies Course.

3:      Delivery of Unit and Timetable
3a      Delivery mode

The Unit will be delivered on the Bruce campus of the University through 3 hours of lectures and one
hour of tutorial participation each week. Lectures will be recorded, though students are encouraged to
attend and participate in lectures to maximise their learning. It is a requirement that students attend all
tutorial classes in order to satisfactorily complete this unit. Tutorials start in week two.

Justice Studies On-Line
Justice Studies on-line students only are required to submit responses to weekly tutorial questions in
lieu of tutorial attendance and participation.

The scheduled classes are as follows:

L/01    Wed      1430-1530        2B11

Tutorial classes:
T/01 Wed 1030-1130                02A0
T/02 Wed 1230-1330                7D25
T/03 Wed 1330-1430                20B02
T/04 Wed 1730-1830                9B09
T/05 Wed 1830-1930                9B09
T/06 Wed 930-1030                 2A14
T/07 Wed 1730-1830                20A02

3b      Timetable of activities, such as lectures/ tutorials/ practicals/ field classes, showing key
        dates and topics

Key Dates:

8/2/2012 -       Lectures commence
15/2/2012 -      Tutorials commence
26/2/2012 -      Advice 1 due - 10%

26/3/2010 to 30/3/2012 - Class free period

1/4/2012 -       Court report due = 20%
22/4/2012 -      Problem Question due = 20%
25/4/2012 -      ANZAC Day
9/5/2012 -       Final lecture and tutorial

14/5/2012 to 1/6/2012 - Examination period (Examination = 50%)

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Week     Date            Activity
1        8 February      Introduction: Purposes of the criminal law: defining crime and
                         punishing the criminal.
                         Reading: Anderson Chapter 1
                         No tutorials this week

2        15 February     Principles of Criminal Process & Trial Procedure & Parties to a Crime
                         Reading: Anderson Chapter 3
                         Tutorials commence this week

3        22 February     Conduct and Fault Elements of Crime
                         Reading: Anderson Chapter 2
                         Tutorial 2
                         Legal advice due – 26 February by 11.55pm – 10%

4        29 February     Murder
                         Reading: Anderson chapter 7
                         Tutorial 3

5        7 March         Manslaughter and Provocation
                         Reading: Anderson chapters 7 and relevant section from chapter 11 (on
                         Tutorial 4

6        14 March        Assault
                         Reading: Anderson chapter 5
                         Tutorial 5

7        21 March        Sexual Assault
                         Reading: Anderson chapter 6
                         Tutorial 6

8        28 March        No classes this week
                         Court report due – 1 April 2012 by 11.55pm – 20%
9        4 April         Property crimes and drug offences
                         Reading: Anderson chapters 8 and 9
                         Tutorial 7

10       11 April        Extending criminal responsibility & attempt
                         Reading: Anderson chapter 10
                         Tutorial 8

11       18 April        Self defence, duress and necessity
                         Reading: Anderson chapter 11
                         Tutorial 9
                         Problem question due 22 April by 11.55pm – 20%

12       25 April        ANZAC Day – no classes
13       2 May           Mental state defences
                         Reading: Anderson chapter 11
                         Tutorial 10

14       9 May           Sentencing and course review
                         Reading: Anderson chapter 12
                         Tutorial 11

         14 May - 1      Examination period – 50%
         June 2012

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4:      Unit Resources
4a      Lists of required texts/readings

Prescribed Text:

John Anderson, Criminal Law Guidebook (2010) Oxford.

Students also need to access copies of legislation including the following:
        Crimes Act 1900 (ACT)
        Criminal Code 2002 (ACT)
        Crimes Act 1900 (NSW)
        Criminal Code (Cth) (Schedule to Criminal Code Act 1995 (Cth) as amended)

Recommended texts / readings:

Donna Spears, Julia Quilter and Clive Harfield, Criminal Law for Common Law States (2011) Lexis
Nexus Butterworths.

Penny Crofts, Criminal Law Elements (2011) Lexis Nexus Butterworths.

Donna Spears and Thomas Hicke, Butterworths Q&A: Criminal Law for Common Law States (2009)
Lexis Nexus Butterworths.

R N Howie and P A Johnson, Annotated Criminal Legislation New South Wales 2011-2012 (2011)
Lexis Nexus Butterworths.

Bagaric, M & Arenson, K.J, Criminal Laws in Australia: Cases and Materials 2nd Edition (2007)
Oxford University Press.

Bronitt S and McSherry B, Principles of Criminal Law (2005) Thompson Lawbook Co.

Waller, L & Williams, C.R, Criminal Law: Text and Cases 11th Edition (2009) Lexis Nexis

Brown, D, Farrier, D, Effer, S, McNamara, L & Steel, A Criminal Laws: Material and commentary on
Criminal Law and Process of New South Wales (4th ed 2006) Federation Press.

Findlay, Odgers & Yeo, Australian Criminal Justice 3rd ed (2005) Oxford.

McSherry & Naylor, Australian Criminal Laws – Critical Perspectives (2004) Oxford.

Reading Guide:

A reading guide is provided above. Additional materials will be available through Moodle. You should
read from the materials listed in preparation for tutorials and for submitting written items of

4b      Materials and equipment

Students should have access to the Internet on a regular basis; this could be from the University
Library or labs, home or work. You should also have access to word-processing and a printer.

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4c       Unit website
You should be able to automatically see the website on your Moodle page by the beginning of the
week that classes start. This includes on-line readings, a copy of the unit outline, details of assessment
and other useful information and materials
Announcements to the class will be made on the Moodle site and/or via email. It is the responsibility
of students to check the Moodle site and email regularly. NOTE: all announcements made to the class
in lectures, via email and on the Moodle site are deemed to be made to the entire unit.

Lecture notes, tutorial questions and other materials will be posted on the Moodle site. It is the
responsibility of students to check this site regularly and come prepared to lectures and tutorials.

Questions relating to course content and assessment requirements should be posted on the Moodle
Discussion forum, Ask the lecturer/Ask the class, so that all students have the benefit of your question
and any responses received.

If you wish to raise a matter personal to yourself, please contact me or your tutor via e-mail or

5:      Assessment
5a      Assessment overview

  Assessment item          Due date of           Weighting            Addresses            Addresses
 (including exams          assignments         (total to equal         learning          generic skill(s)
  held in the exam                                 100%)              outcome(s)
Legal advice             26 February          10%                 Learning outcomes     Generic skills 1,
                                                                  1, 2, 3 and 4         2, 3 and 4
Court report             1 April              20%                 Learning outcomes     Generic skills 1,
                                                                  1, 2, 3 and 4         2, 3 and 4

Problem question         22 April             20%                 Learning outcomes     Generic skills 1,
                                                                  1, 2, 3 and 4         2, 3 and 4

Examination              Examination          50%                 Learning outcomes     Generic skills 1,
                         period (14 May - 1                       1, 2, 3 and 4         2, 3 and 4

5b      Details of each assessment item

Legal advice:

Value: 10 %
Length: 2 pages maximum
Due: 26 February
You are to provide an advice to a client in the form of a letter (of maximum 2 pages) on a minor
criminal offence committed in the ACT.
Details of the topic - and the marking criteria – will be provided on Moodle.

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Court report:

Value: 20 %
Length: 1500 words (plus references)
Due: 1 April
You are to provide a well-researched and well-written paper on a visit to an ACT court where you will
observe the criminal justice system in action.
Details of the topic - and the marking criteria – will be provided on Moodle in due course.

Problem question

Value: 20 %
Length: 1500 words (plus references)
Due: 22 April
Provide a well-researched and well-written response to a criminal law legal matter.
Details of the topic - and the marking criteria – will be provided on Moodle in due course.


Value: 50 %
Length: 3 hours
Due: Examination period (14 May - 1 June)
Complete a range of problem and essay type questions during a 3 hour examination session.
Details of the examination structure and content will be provided later in the unit.


Referencing should be completed in accordance with the Australian Guide to Legal Citation -
available at: http://mulr.law.unimelb.edu.au/go/aglc.

5c      Special assessment requirements

You must obtain a mark of at least 50 percent overall to pass this unit. You do not need to pass each
item of assessment separately. Under the rules of the University of Canberra there is no right of appeal
against assessment results on the basis of academic judgment (i.e. that the student believes their
answer merited a higher mark). The only grounds for appeal are that the procedures in this unit outline
or the rules of the University gave insufficient guidance to students or were not followed.

5d      Supplementary assessment

Students should note that it is the policy of the Law School that supplementary examinations will only
be available to students who fail Criminal Law and Procedure, but who would OTHERWISE
GRADUATE. Applications for a supplementary examination must be made in writing to the lecturer
in charge within 48 hours of the release of results by the University of Canberra. Such applications
must include documentary proof that BUT FOR the fail grade in Criminal Law and Procedure the
student would be entitled to graduate at the next graduation.

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5e      Academic Integrity

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 which
contravene academic values.

Prior to submitting any assessment items all students should familiarise themselves with the
University of Canberra policy on plagiarism. Information for students doing units in the Law Faculty
is at www.canberra.edu.au/faculties/law/attachments/pdf/Plagiarism.pdf. If in doubt, consult an
academic advisor.

5f      Text-matching software

You are advised that text-matching software will be used to detect instances of plagiarism. Plagiarism
is a serious breach of University requirements and will be dealt with if it is detected.

6:      Student Responsibility
6a      Workload

The amount of time you will need to spend on study in this unit will depend on a number of factors
including your prior knowledge, learning skill level and learning style. Nevertheless, in planning your
time commitments you should note that for a 3cp unit the total notional workload over the semester or
term is assumed to be 150 hours. These hours include time spent in classes. The total workload for
units of different credit point value should vary proportionally. For example, for a 6cp unit the total
notional workload over a semester or term is assumed to be 300 hours.

6b      Special needs

Students who need assistance in undertaking the unit because of disability or other circumstances
should inform their Unit Convener or UC AccessAbility (formerly the Disabilities Office) as soon as
possible so the necessary arrangements can be made.

6c      Participation requirements

Attendance is expected for all lectures and tutorials as programmed. Notices given in class will be
deemed to be given to the whole class. Most lectures will be recorded.

6d      Withdrawal

If you are planning to withdraw please discuss with your unit convener. Please see this link for further
information on deadlines.

6e      Required IT skills

Word-processing and use of Moodle.

6f      Costs

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Internet access where privately obtained. Some printing costs can be anticipated.

6g      Work Integrated Learning

Whilst this unit does not provide formal workplace experience opportunities, the teaching program and
assessments are designed, so far as possible, to engage students with the real world tasks undertaken
by criminal lawyers and those engaged in criminal law reform. The generic and specific skills and
understandings that students will develop are relevant to a wide range of occupations within the
criminal justice system and beyond.

Those students who are considering a career relating to criminal justice (in any way) are encouraged\
to contact the lecturer to discuss work placement possibilities. Further, students are encouraged to
consider taking the Law Internship unit offered by the Faculty.

6h      Additional information

Student use of the unit website will not be monitored except in relation to general University policy in
relation to offensive material. Students are free to communicate with other students via the chat page
or the bulletin board.

Some of the issues covered in this course may be distressing for some people. All students are
expected to deal with sensitive issues in a considerate and respectful manner.

Please raise any general concerns you may have with the convenor. Any student experiencing distress
should consider seeking counselling or other support.
For assistance see http://www.canberra.edu.au/health-counselling

7:      Student Feedback
All students enrolled in this unit will have an opportunity to provide anonymous feedback on the unit
at the end of the Semester via the Unit Satisfaction Survey (USS) which will be presented to you on
OSIS. Your lecturer or tutor may also invite you to provide more detailed feedback on their teaching
through an anonymous questionnaire.

8:      Authority of this Unit Outline

Any change to the information contained in Section 2 (Academic content), and Section 5 (Assessment)
of this document, will only be made by the Unit Convener if the written agreement of Head of
Discipline and a majority of students has been obtained; and if written advice of the change is then
provided on the unit site in the learning management system. If this is not possible, written advice of
the change must be then forwarded to each student enrolled in the unit at their registered term address.
Any individual student who believes him/herself to be disadvantaged by a change is encouraged to
discuss the matter with the Unit Convener.

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