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:firstname.lastname@example.org
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]
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
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.
Week beginning (subject to variation)
|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 offences||Short 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 crime||Pre-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|
Cole, D Criminal Law Learner’s Resource, Australian Training Products, Melbourne
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.
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)
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 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%.
|Learning outcome||Written Test 1||Written Test 2||Written Test 3|
|Analyse, assess and define the concept of crime and analyse the purposes of criminal law in society||X|
|Outline the pre-trial and trial procedures in a criminal matter and discuss the possible penalties for a criminal offence||X|
|Analyse the key elements of the homicide offences and assess the available defences to such prosecutions||X||X||X|
|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