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LAW5121 Advanced Criminal Law and Procedure

Semester 3, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite or Co-requisite: LAW5111 and LAW5112

Overview

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

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.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. 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).
  2. 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).
  3. 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 required to be purchased or accessed

Colvin, E, McKechnie, J & Greene, E 2021, Criminal law in Queensland and Western Australia: cases and commentary, 9th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Criminal Code Act 1899 (Qld)
(sch 1 Criminal Code available online.)

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz 1 No 20 1,3
Assignments Written Quiz 2 No 40 1,2,3
Examinations Non-invigilated Time limited online examinatn No 40 1,2,3
Date printed 10 February 2023