| Semester 2, 2021 Online | |
| Short Description: | Adv Criminal Law and Procedure |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: LAW5111 and LAW5112
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the criminal law and procedure area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Criminal Law and Procedure, specifically: the definition of crime; elements of crime; aims of the criminal law; homicide and defences; non-fatal offences against the person and defences; offences against property; general doctrines; selected topics chosen from attempts, participation in crime, drunkenness, mistake and strict responsibility; and elements of criminal procedure including classification of offences, process to compel appearance, bail, preliminary examination and trial of indictable offences
Synopsis
This course deals with elements of Criminal Law and Procedure, specifically: the definition of crime; elements of crime; aims of the criminal law; homicide and defences; non-fatal offences against the person and defences; offences against property; general doctrines; selected topics chosen from attempts, participation in crime, drunkenness, mistake and strict responsibility; and elements of criminal procedure including classification of offences, process to compel appearance, bail, preliminary examination and trial of indictable offences.
Objectives
On successful completion of this course, students should be able to:
- Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to criminal law and procedure, and underlying principles and concepts; and the broader contexts within which legal issues arise in this area (PO1/TLO1).
- Identify and articulate complex legal issues [relevant to criminal law and procedure]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate jurisprudential and practical responses to legal issues, and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
- Identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [(including problems raising special interpretative issues, [ fault elements and broad legislative terms such as a ‘reasonable’ requirement); and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | The definition of crime [Admission Rules 1(1)] | 2.50 |
| 2. | Elements of crime [Admission Rules 1(2)] | 5.00 |
| 3. | Aims of the criminal law [Admission Rules 1(3)] | 2.50 |
| 4. | Homicide and defences [Admission Rules 1(4)] | 20.00 |
| 5. | Non-fatal offences against the person and defences [Admission Rules 1(5)] | 20.00 |
| 6. | Offences against property [Admission Rules 1(6)] | 10.00 |
| 7. | General doctrines [Admission Rules 1(7)] | 5.00 |
| 8. | Selected topics chosen from attempts, participation in crime, drunkenness, mistake, strict responsibility [Admission Rules 1(8)] | 20.00 |
| 9. | Elements of criminal procedure. Selected topics chosen from classification of offences, process to compel appearance, bail, preliminary examination, trial of indictable offences [Admission Rules 1(9)] | 15.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW5121)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(sch 1 Criminal Code available online.)
Reference Materials
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed Study | 50.00 |
| Private Study | 75.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Objectives Assessed | Notes |
|---|---|---|---|---|---|
| ONLINE TEST | 20 | 20 | 09 Aug 2021 | 1,3 | (see note 1) |
| ONLINE TEST - PROBLEM SOLVING | 40 | 40 | 26 Aug 2021 | 1,2,3 | (see note 2) |
| ONLINE EXAMINATION | 40 | 40 | End S2 | 1,2,3 | (see note 3) |
Notes
- A multiple-choice online test will be scheduled for week 4/5 of the semester. Details will be available on StudyDesk.
- An online problem-solving activity will be scheduled in week 7 of the semester. Details will be available on StudyDesk.
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item. -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative items for the course. -
Examination information:
An Online Examination is one in which candidates may have access to any printed or written material. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .