Course Title: Analyse and evaluate concepts and principles of criminal law
Part B: Course Detail
Teaching Period: Term2 2016
Course Code: LAW5722
Course Title: Analyse and evaluate concepts and principles of criminal law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Karen Ward
Course Contact Phone: +61 3 9925 1363
Course Contact Email: karen.ward@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Doug Cole
9925 5424
Karen Ward (Sessional Teacher)
80.05.018
80.05.018
Nominal Hours: 50
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to employ legal principles and aspects of criminal law, including criminal procedure, substantive aspects of criminal offences as defined in legislation and at common law, and, to evaluate the impact of law reform issues, in order to support the work of a legal office or associated context.
This unit supports the work of personnel engaged in the operation of a legal office, legal aid provider, government department or associated justice contexts within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21641 Analyse and evaluate concepts and principles of criminal law |
Element: |
1.Analyse the concept of crime and assess the purposes of criminal law within society |
Performance Criteria: |
1.1 Research, discuss and define the concept of crime |
Element: |
2.Outline and apply the pre-trial and trial procedures in a criminal matter and discuss the possible penalties for a criminal offence |
Performance Criteria: |
2.1 Identify and describe the preliminary and trial procedures in Victoria with particular reference to: |
Element: |
3.Analyse and apply the key elements of the criminal offences of murder and manslaughter, and assess the available defences to such prosecutions |
Performance Criteria: |
3.1 Define and analyse the concept of homicide and analyse for application, making reference to: |
Element: |
4.Determine and apply the elements of offences against the person other than homicide |
Performance Criteria: |
4.1 Demonstrate the key elements of criminal assault and other offences involving violence, including when an offence is substantiated, and analyse for application |
Element: |
5.Evaluate and apply the available defences to particular offences |
Performance Criteria: |
5.1 Identify and describe the concept of defensive homicide on a charge of murder and determine the circumstances under which defensive homicide is available as a defence |
Element: |
6.Analyse and apply the law relating to the types of participation in crime and attempts |
Performance Criteria: |
6.1 Analyse the culpability of the participants in a given crime, using relevant culpability case examples. |
Element: |
7.Analyse and apply the various elements to the criminal offence of theft, and discuss the available statutory defences |
Performance Criteria: |
7.1 Research and discuss the historical background to the law of theft, including larceny at common law and the reasons behind the introduction of the theft provisions of the Crimes Act |
Element: |
8.Determine and apply the elements of crimes of obtaining property as defined by the Crimes Act |
Performance Criteria: |
8.1 Outline the definitions of the criminal offences of obtaining property by deception and of obtaining a financial advantage by deception, as stipulated by S 81 and S 82 of the Crimes Act and apply to case study material |
Element: |
9.Analyse and apply the key elements required for strict and absolute liability offences |
Performance Criteria: |
9.1 Identify and explain the distinctions between mens rea offences, strict liability offences and offences of absolute liability and the criteria for making the distinctions |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Week No. |
Date Week Begins |
Topic: |
Assessment tasks |
1 |
July 4 |
The concept of crime, classification of crimes, aims of punishment, “actus reus” and “mens rea”, onus and standard of proof |
|
2 |
July 11 |
Criminal procedure, sentencing, appeals, bail |
|
3 |
July 18 |
The elements of murder |
|
4 |
July 25 |
Defences to murder |
|
5 |
August 1 |
Manslaughter and other unlawful killing |
|
6 |
August 8 |
Assault and related offences |
Short answer, multiple choice test (weighting 30%) |
7 |
August 15 |
Sexual offences |
|
8 |
August 22 |
Theft |
|
MID-SEMESTER BREAK:- August 29 – September 2 inclusive | |||
9 |
September 5 |
Other property offences. |
Pre-seen case study test (weighting 30%). Open book |
10 |
September 12 |
Attempts, participants in crime |
|
11 |
September 19 |
General defences |
|
12 |
September 26 |
Mental impairment and related mental states |
|
13 |
October 3 |
Mistake, offences of strict or absolute liability Revision |
|
14 |
October 10 |
Final Test |
Final test (weighting 40%). Open book |
15 |
October 17 |
Resubmission Final Test |
Re-sit final test. Open book |
16 |
October 24 |
Resubmission Feedback and assessment review |
|
Learning Resources
Prescribed Texts
References
Other Resources
Recommended texts:-
- Penny Crofts Criminal Law (Lexus Nexis Butterworths 5 ed. 2014)
- Thalia, A. and others, Waller and Williams Criminal Law Text and Cases (Lexis Nexis Butterworths 12 ed.)
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• the ability to explain the concept of crime and criminal law in society
• knowledge of Criminal Law relating to criminal procedures, substantive aspects of criminal offences as defined in legislation, and law reforms
• investigating criminal procedures and the possible penalties for a criminal offence
• analysing elements of criminal offences of manslaughter and murder
• assessing the available defences to particular offences
• analysing the key elements required for strict and absolute liability offences
• knowledge of applications of relevant sections of the Crimes Act in a range of case study materials
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.
Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
Assessment Tasks
Assessment Task 1 - Short answer, multiple choice test (30%)
Assessment Task 2 - Pre-seen case study test. Open book (30%)
Assessment Task 3 - Final test.Open book (40%)
Assessment Matrix
Course Overview: Access Course Overview