Course Title: Criminal Law in a Justice Environment

Part B: Course Detail

Teaching Period: Term1 2013

Course Code: JUST5149

Course Title: Criminal Law in a Justice Environment

School: 365T Global Studies, Soc Sci & Plng

Campus: City Campus

Program: C6077 - Advanced Diploma of Justice

Course Contact : Georgy Dumas

Course Contact Phone: +61 3 99254203

Course Contact Email:georgy.dumas@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 75

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

  • VBQU367 Work in a Legal Environment
  • VBQU368 Apply Investigative Processes in a Justice Environment

Course Description

The purpose of this course is to enable students to develop an in-depth knowledge of aspects of criminal law relevant to a person working in the justice field


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBQM390 Criminal Law in a Justice Environment

Element:

Demonstrate comprehensive knowledge of Federal and State drug laws

Performance Criteria:

-Describe the offence of Possession and possible penalties
-Describe the offence of Cultivation and possible penalties
-Describe the offence of Trafficking and possible penalties
-Analyse the reverse onus provisions of the Bail Act in relation to drug charges
-Analyse the operation of strict liability in relation to drug offences

Element:

Demonstrate comprehensive knowledge of rebuttable and irrebuttable
presumptions at law and the defences to a crime.

Performance Criteria:

-Identify and analyse the differences at law between rebuttable and irrebuttable presumptions. Rebuttable presumptions:

• Presumption of innocence
• Reasonable doubt
• Children between age 10 and 14
• Presumption of sanity
Irrebuttable presumptions
• Children under age 10
• Knowledge of the Law
-Analyse some elements tending towards mitigation and other pleas,
including:
• Intoxication
• Cultural background
• Domestic violence
• Loss of control
• Proportionate retaliation
• Indirect provocation and misdirected retaliation
• Self induced provocation.
• Beliefs
-Analyse and evaluate the conditions under which self-defence applies:
• History
• Elements
• Defence of either self, another and/or property
• R v Duffy (1967) 1 AB 63
• Zecevic v Director of Public Prosecution (Vic) (1987) 71 ALR 641
-Outline the defence of Necessity in Criminal Law, including:
• Duress
• Superior order
• Coercion
-Describe the defence of Intoxication, in particular:
• R v O'Connor (1979) 29 ALR 449
• R v Martin (1984) ALJR 217 and consider effect of Crimes Act 1958 s 318

Element:

Demonstrate comprehensive knowledge of the concept of crime and the
need for such a concept in our society.

Performance Criteria:

-Describe the concept of crime including:
• The definition of crime
• Sources of criminal law
• Statute law
• Common Law
-Examine and evaluate the elements of crime - ‘Mens Rea’ and ‘Actus Reus’ including:
• The meaning of Mens Rea and Actus Reus
• Requirements for the commission of an offence
• Mental elements:
Capacity
Self defence
Intention
Automatism
Recklessness
Negligence
Wilful blindness
Mistake
Intoxication/Drugs/Alcohol
Intellectual impairment
Mental Impairment
-Outline the aims of criminal law including:
• retribution
• deterrence
• reformation and rehabilitation
• certainty

Element:

Demonstrate comprehensive knowledge of the concept of culpability of
participants in a crime and identify at what stage acts are sufficiently
complete to be regarded as an attempt.

Performance Criteria:

-Analyse and evaluate participation in crime, including:
• Principal offenders
• Scope of the offence
• Abettors
• Abandonment
• Accessories after the fact
• Crimes involving participation
-Analyse and evaluate the law regarding ‘attempt’ and what constitutes an ‘attempt’ in criminal law, including:
• The nature of attempt
• Actus Reus
• Voluntary desistence
• Mens Rea
• Impossibility

Element:

Demonstrate comprehensive knowledge of the elements of criminal assault
and sexual offences and their defences.

Performance Criteria:

-Identify and analyse the elements of criminal assault:
• Actus Reus
• Mens Rea
Intentional Reckless
• Summary assault offences
• Indictable assault offences
• Family Violence
-Identify and analyse the elements of sexual offence and family violence, including:
• Rape
• Indecent assault
• Consent
• Duress
• Mental capacity
• Defences
• Person over the age of 16
• Person not more than 2 years older than the victim
• Rape in marriage
• Victim impact statement

Element:

Demonstrate comprehensive knowledge of the various elements to the
criminal offences of: theft; obtaining property by deception; obtaining
financial advantage by deception; armed robbery; burglary and aggravated
burglary and defences to these crimes

Performance Criteria:

-Define property as stipulated by the Crimes Act:
• S 72 (2)
• S 71 (1),
• S 73 (6)
• S 73 (7),
• S 73 (8)
-Evaluate the concept of 'belonging to another' as stipulated by the Crimes Act
• S 73 (9) receiving property under an obligation
• S73 (10) mistake
-Analyse and evaluate "appropriates" as defined by the Crimes Act:
• S 73 (4) for definition
• S 73 (5) for value

Element:

Demonstrate comprehensive knowledge of the various road safety rules and
regulations

Performance Criteria:

-Describe the offence of Careless Driving and possible penalties
-Describe the offence of Driving Under the Influence and possible penalties
-Describe the offence of Dangerous Driving and possible penalties
-Describe the offence of Culpable Driving and possible penalties
-Analyse the operation of strict liability in relation to road safety offences


Learning Outcomes


This course aims to enable students to demonstrate comprehensive knowledge of:

  1. The concept of crime and the need for such a concept in our society
  2. Rebuttable and irrebutable presumptions at law and the defences to a crime
  3. The elements of criminal assault and sexual offences and their defences
  4. The concept of culpability of participants in a crime and to identify at what stage acts are sufficiently complete to be regarded as an attempt
  5. The various elements to the criminal offences of: theft; obtaining property by deception; obtaining financial advantage by deception; armed robbery; burglary and aggravated burglary and defences to these crimes
  6. The various road safety rules and regulations
  7. Federal and State drug laws


Details of Learning Activities

Students will be involved in weekly case studies and class discussion for each topic. Non-attendance in this subject will preclude students from successfully completing the course.

Students will have fortnightly "progression" exams to ensure they are keeping current with course content. There will also be an end of term exam.

Students will also be required to submit written research on concepts related to criminal law.


Teaching Schedule

WEEK 1: Orientation; Types of law/Crime; The concept of crime; Aims of Criminal Law

WEEK 2: Examine the elements of crime – The physical elements

WEEK 3: Induction Camp

WEEK 4: Examine the elements of crime – the mental elements

WEEK 5: Examine the general defences to crime; Elements towards mitigation and other pleas

WEEK 6: Assault; Indecent assault; Self defence; Family violence

WEEK 7: Theft; Defences

WEEK 8: Theft and associated matters; case study

WEEK 9: Burglary; Aggravated burglary; Attempt; Defences

WEEK 10: Obtaining property by deception; Obtaining financial advantage by deception

WEEK 11: Robbery and Armed Robbery; Blackmail; Attempt

WEEK 12: Elements of Sexual offences: Rape & Defences

WEEK 13: Elements of Sexual offences: Under age & Defences

WEEK 14: Family violence & Rape in Marriage; Victim impact statement

WEEK 15: Crime Scene Camp

WEEK 16: Road Safety Rules

WEEK 17: Drug laws

WEEK 18: Assessment week


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

To be advised


Assessment Tasks

Students will have fortnightly progression exams to assist with knowledge content to ensure they do not fall behind in currency and confidence with the course.

Students will be required to submit written results of research on topics related to concepts or outcomes on either the Summary Offences or Crimes Act.

Students will be assessed on active participation in weekly case studies.

Students will be provided a detailed handout of each of the above assessments that includes the assessment outline, the assessment criteria and the due date by the second week of the semester.


Assessment Matrix

The assessment has been designed to cover all learning outcomes and will be graded in accordance with RMIT University’s Mark Table 7 which is as follows:

HD 80 – 100
D 70 - 79
C 60 - 69
PA 50 - 59
NN 0 - 49

 

Other Information

All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. Double or 1.5 spacing and a font size of 10-12 must be used in either Arial or Times Roman. Do not submit double paged assessments.

Extensions
In accordance with RMIT policy, you may apply for an extension where there have been unexpected or extenuating circumstances, e.g.
• Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
• Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
• Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.
You must keep a copy of their assessment until the graded submission has been returned or marks have been posted.

All email communications will be sent to your RMIT student email address.

Applying for an Extension
Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. An application for extension of time must be lodged with your tutor or the course coordinator as early as possible, and no later than one working day before the due date for submission.
You can apply for extension using the University’s Extension Application Form – http://mams.rmit.edu.au/seca86tti4g4z.pdf – or by emailing your course coordinator or tutor directly.
An extension of up to seven calendar days may be granted if good reason can be demonstrated. Include supporting evidence (such as medical certificates) with your application.
Extensions beyond seven calendar days cannot be granted by course coordinators, tutors or the School. To apply for an extension of time greater than seven calendar days you must lodge an application for Special Consideration.

Applying for Special Consideration
If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances. For information about Special Consideration and how to apply, see: http://www.rmit.edu.au/students/specialconsideration

Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission will be penalised as follows:
Assessment tasks submitted after the due date of submission shall receive a penalty of five per cent of the grades available for that assessment per day for each working day late.
No assessment task shall be accepted more than three weeks after the due date.

Assessment Appeals
If you believe your assessment result or final result is wrong please contact the course coordinator and provide the reason why you think your result is incorrect. Valid reasons for seeking a review of results include:
• You believe an error has occurred in the calculation of the grade; or,

• You believe the assessment did not comply with criteria published in the Course Guide; or,

• You believe the assessment did not comply with University Policies on Assessment (i.e. an error in process has occurred).

• Full details of the procedure (including appeals procedure) can be located at this RMIT site: http://www.rmit.edu.au/policies/academic#assessment

Academic Integrity
Academic integrity means honesty and responsibility in scholarship through respecting the work of others whilst having the freedom to build new insights, new knowledge and ideas. RMIT University upholds the values of academic integrity as fundamental to the scholarship undertaken by all members of its community. Whenever you refer to another person’s research or ideas (either by directly quoting or paraphrasing them) you must acknowledge your source.
If you are even in doubt about how to properly cite a reference, consult your lecturer or the academic integrity website: http://www.rmit.edu.au/academicintegrity
The RMIT library provides tools to assist with your referencing http://www.rmit.edu.au/library/info-trek/referencing

Plagiarism and Collusion
Plagiarism and collusion constitute extremely serious academic misconduct, and are forms of cheating. You are reminded that cheating, whether by fabrication, falsification of data, or plagiarism, is an offence subject to University disciplinary procedures. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. Plagiarism is not acceptable.
Examples of plagiarism include:
• Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
• Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
• Piecing together text from one or more sources and adding only linking sentences;
• Copying or submitting whole or parts of computer files without acknowledging their source;
• Copying designs or works of art and submitting them as your original work;
• Copying a whole or any part of another student’s work; and
• Submitting work as your own that someone else has done for you.
• Enabling Plagiarism: the act of assisting or allowing another person to plagiarise or to copy your own work is also an offence.
For further information, please see the RMIT Plagiarism Policy – http://www.rmit.edu.au/browse;ID=sg4yfqzod48g1 – and the RMIT Student Discipline Statute and Regulations - http://www.rmit.edu.au/browse;ID=11jgnnjgg70y

Plagiarism Software
The originality verification software Turnitin may be used in this course. For details, see: http://www.turnitin.com

Course Overview: Access Course Overview