Course Title: Criminal Law

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: LAW5044

Course Title: Criminal Law

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Doug Cole

Course Contact Phone: +61 3 9925 5424

Course Contact Email:doug.cole@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]

Course Description

This module covers concept of crime, criminal procedure, homicides, assault, sexual offences, defences, participation in crime and attempts, property offences, strict liability offences.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM909 Criminal Law


Learning Outcomes


1. Analyse, assess and define the concept of crime and analyse the purposes of criminal law in society.
2. Outline the pre-trial and trial procedures in a criminal matter and discuss the possible penalties for a criminal offence.
3. Analyse the key elements of the criminal offences of murder and manslaughter, and assess the available defences to such prosecutions.
4. Determine and assess the elements of offences against the person other than homicide.
5. Evaluate and assess the available defences to particular offences.
6. Analyse the law relating to the types of participation in crime and attempts.
7. Analyse and evaluate the various elements to the criminal offence of theft, and discuss the available statutory defences.
8. Determine the elements of the crimes of obtaining property by deception, obtaining a financial advantage by deception robbery, burglary and blackmail as defined by the Crimes Act
9. Analyse and assess the key elements required for strict and absolute liability offences.


Details of Learning Activities

Students will study Criminal Law skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.


Teaching Schedule

Week beginning (subject to variation)

TopicsAssessment
Week 1 – 8 Feb The concept of crime, classification of crimes, aims of punishment, “actus reus” and “mens rea”, onus and standard of proof 
Week 2 – 15 Feb Criminal procedure, sentencing, appeals, bail 
Week 3 – 22 Feb The elements of murder 
Week 4 – 1 Mar Defences to murder 
Week 5 – 8 Mar Manslaughter and other unlawful killing 
Week 6 – 15 Mar Assault and related offencesShort answer, multiple choice test (30%)
 Week 7 – 22 Mar Sexual offences 
 Week 8 – 29 Mar Theft 
 Mid Semester Break (Student Vacation) - 1 to 7 April 
 Week 9 – 12 Apr Other property offences 
Week 10 – 19 April Attempts, participants in crimePre-seen case study test (30%)
Week 11 – 26 April General defences 
 Week 12 – 3 May General defences (continued) 
 Week 13 – 10 May Mental impairment and related mental states 
 Week 14 – 17 May Mistake, offences of strict or absolute liability 
 Week 15 – 24 May Revision 
 Week 16 – 31 May Final Test Open Book (40%)
 Week 17 – 9th June Deferred assessment 
 Week 18 – 15 June Student feedback and review of assessment 


Learning Resources

Prescribed Texts

Cole, D Criminal Law Learner’s Resource, Australian Training Products, Melbourne


References

Clough,J. and Mulhern,N. Criminal Law (Butterworth's Tutorial Series), Butterworths.

Fisse, B. Howard’s Criminal Law LBC

Fox, R. Victorian Criminal Procedure. Monash Law Book Co-operative Co., Melbourne

Gillies, P. Criminal Law. LBC

Hazlehurst, K.M. Crime and Justice: An Australian Textbook in Criminology. LBC

Heilpern, D. and Yeo, S. Cases on Criminal Law. LBC.

Jacobs, J. Butterworths’ Student Companions - Criminal Law Butterworths.

Nash, Annotated Criminal Legislation Victoria, Butterworths.

Rush PD and Yeo SMH Criminal Law Sourcebook

Waller L, Williams C. R. (eds), Waller and Williams. Criminal Law Text and Cases, Butterworths.


Other Resources

Online Resources

Australasian Legal Information Institute (www.austlii.edu.au)

CCH Online (www.cch.com.au)

LexisNexis Butterworths Online (www.butterworthsonline.com)

Victorian Legislation and Parliamentary Documents (www.legislation.vic.gov.au)

Victorian Legislation
Bail Act 1977

Crimes Act 1958

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

Criminal Procedure Act 2009

County Court Act 1958

Magistrates’ Court Act 1971

Sentencing Act 1991

Summary Offences Act 1958


Overview of Assessment

Assessment will consist of written tests.


Assessment Tasks

Assessment that learning outcomes have been achieved will be by:
Short answer/multiple choice test (closed book) 30%
Pre-seen case study test 30%
Final test (open book) 40%

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.


Assessment Matrix

Learning outcomeWritten Test 1Written Test 2Written Test 3
Analyse, assess and define the concept of crime and analyse the purposes of criminal law in societyX  
Outline the pre-trial and trial procedures in a criminal matter and discuss the possible penalties for a criminal offenceX  
Analyse the key elements of the homicide offences and assess the available defences to such prosecutionsXXX
Determine and assess the elements of offences against the person other than homicide  X
Evaluate and assess the available defences to particular offences  X
Analyse the law relating to the types of participation in crime and attempts  X
Analyse and evaluate the various elements to the criminal offence of theft, and discuss the available statutory defences  X
Determine the elements of the crimes of obtaining property by deception, obtaining a financial advantage by deception robbery, burglary and blackmail as defined by the Crimes Act  X
Analyse and assess the key elements required for strict and absolute liability offences  X

Course Overview: Access Course Overview