Course Title: Apply legal principles in criminal law matters

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: JUST5200C

Course Title: Apply legal principles in criminal law matters

School: 650T TAFE Business

Campus: City Campus

Program: C5292 - Diploma of Legal Services

Course Contact : Kathie Nickson

Course Contact Phone: +61 3 9925-5852

Course Contact Email:kathie.nickson@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

TINA POPA

Sessional Lecturer

E-mail: tina.popa@rmit.edu.au

Nominal Hours: 60

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 performance outcomes, skills and knowledge required to apply legal principles and carry out administrative tasks associated with criminal law matters. A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.This unit defines the competency required to identify the needs of a business or business process and quantify those needs into technical requirements that will enable the business or process to meet expectation.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG511A Apply legal principles in criminal law matters

Element:

1. Identify laws related to criminal law

Performance Criteria:

1.1. Source legislation, regulations and policies relevant to criminal law
1.2. Interpret key legal principles as they apply to criminal law matters
 

Element:

2. Enhance professional practice through application of relevant principles of criminal law

Performance Criteria:

2.1. Identify different criminal matters, defences, types of hearings, criminal jurisdictions and types of courts and explain relationships between them
2.2. Receive call from client or police and communicate details of client charge and bail status to legal practitioner
 

Element:

3. Draft and process documents involved in criminal law matters

Performance Criteria:

3.1. Prepare letters and other documents for legal practitioner for review and sign-off according to organisation's policies and procedures
3.2. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services
3.3. Ensure documents are despatched according to instructions
3.4. Facilitate liaison and communication between the parties
3.5. Maintain files, noting critical dates and reminders
 


Learning Outcomes



Details of Learning Activities

In undertaking this course, students will acquire skills and knowledge required to apply legal principles and carry out administrative tasks associated with criminal law matters. 4 workshops will be conducted throughout the semester which will provide the students with all necessary materials in order for them to undertake independent study between workshops. Throughout the semester, extensive use will be made of RMIT’s online learning environment (Blackboard) to provide additional reading material for each topic together with tutorial questions to test the students’ progress and understanding.

The first 3 workshops are aimed at providing the students with the material in order to gain an understanding of the fundamental principles of criminal law. The material is delivered through PowerPoint lecture slides and supplemented by further reading material on Blackboard.

Skills and knowledge are further expanded through class discussions, practical case studies and examples, and class exercises.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 


Teaching Schedule

The 4 workshops are spread out through the semester as shown below. Each workshop isscheduled to last 3 hours with a break in the middle. Workshops 1 and 4 are mandatory due to orientation and the examination respectively.

Week    Date & Workshop                                    Areas of Study                                                                                                                                                                   Element                                                    Assessment                               
 1 Workshop 1 16 July

• General Principles of Criminal Law
• Criminal procedure and sentencing
• The elements of murder
• Self-defence in relation to homicide
 

   
 2 Workshop 2 13 August •Manslaughter and other unlawful killings
• Assault and related crimes
• Sexual offences
• Property offences
 
 

Task 1 - Multiple Choice Test

 Test will made available on 6 August 2012 online via Blackboard and it must be submitted by 8 August 2012 online via Blackboard

 3 Workshop 3 03 September • Attempts and participants in crime
• General defences
• Mental impairment and intoxication
• Offences of strict liability and mistake
 
   Task 2 - Hypothetical Case Study

Preparation of documents in relation to a hypothetical scenario relating to a client who has been charged with an indictable offence.

Task 2 will be made available online on 20 August 2012 and it is to be submitted online by 13 September 2012.

 

 

 4 Workshop 4  08 October FINAL EXAM IN CLASS  

FINAL EXAM IN CLASS

Task 3 - Final Test

The Final Test is open book and to be held in class on 4 October 2012. The final exam involves problem solving of hypothetical criminal law scenarios where the student is required to provide an answer with reference to relevant legislation and case law.Students must demonstrate an understanding of all elements of competency to be deemed competent
 


Learning Resources

Prescribed Texts

Waller L, Williams C. R. (eds), Waller and Williams Criminal Law Text and Cases, Butterworths 11th Edition.

There will be readings and support materials provided for each topic via the Blackboard site for this course. The prescribed text can be used to supplement the information provided online via Blackboard.


References

Crimes Act 1958 (Vic)


Other Resources


Overview of Assessment

Assessment may incorporate a variety of methods including in-class exercises, problem-solving exercises, assignments, group or individual projects, presentations and written or practical tests, as well as homework activities.

Other activities may be workplace-based or simulate work practices. These may include the production of technical requirements documents, direct observation of workplace practices and the presentation of a portfolio of evidence. This portfolio may include documents, photographs, video and/or audio files.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

You are required to complete 3 pieces of assessment:

Task 1 - Multiple Choice Test

Short answer multiple choice test to be submitted on-line.

Test will made available on 6 August 2012 online via Blackboard and it must be submitted by 8 August 2012 online via Blackboard.


Task 2 - Hypothetical Case Study

Preparation of documents in relation to a hypothetical scenario relating to a client who has been charged with an indictable offence.

Task 2 will be made available online on 20 August 2012 and it is to be submitted online by 13 September 2012.


Task 3 - Final Test

The Final Test is open book and to be held in class on 4 October 2012. The final exam involves problem solving of hypothetical criminal law scenarios where the student is required to provide an answer with reference to relevant legislation and case law.Students must demonstrate an understanding of all elements of competency to be deemed competent.
A range of assessment methods are used to assess practical skills and knowledge, for example:
* tests and examinations in formal settings
* assignments, projects and case study analysis
* direct questioning combined with review of portfolios of evidence
* review of authenticated documents from the workplace or training environment
* demonstration of techniques
* Class presentation

Critical aspects of assessment

Evidence of the following is essential:
• prepare appropriate documentation and information according to organisation’s policies and procedures and provide to clients at the appropriate time
• treat clients in a sensitive, discreet and professional manner
• conduct work within accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interests and compliance with reasonable direction
demonstrate knowledge of criminal law as applicable to the scope of workplace responsibilities
 

Assessment tasks need to be submitted via Blackboard unless otherwise advised.

You should:

* Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
* Always retain a copy of your assessment tasks. (hard copy and soft copy)
* When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
* Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Julie Macpherson, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Marking Guide

Vocational Education and Training (VET) is based on current industry needs and the focus on preparing you for the workplace. Because VET courses are informed by practical application of knowledge and skills, they are based on a system known as ‘competency based training’ (CBT). So when you are assessed in VET it is about whether you are competent to do the job, as well as having a firm grasp on the knowledge and skills required to do that job, as opposed to traditional curriculum based education settings that are often based on knowledge retention.

You need to demonstrate you are competent in each element of the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.

Please refer to the Final Grades table below.

Marking Guide

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.


The grading is according to the following criteria:

1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to developing and maintaining an OHS system.

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required in managing an OHS system. You should be able to demonstrate a thorough understanding of all applicable OHS legislative requirements in all the assessment tasks.

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience. You also need to show an understanding of the kinds of problems that can arise in managing OHS systems and how these might be addressed.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see ongoing uploading of information into Pebble Pad that is relevant to the unit, full utilisation of Pebble Pad and Blackboard as per course requirements and timely submission of all required assessment tasks.


5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

We expect to see contributions to relevant discussions and scheduled Collaborate sessions. In addition your tasks should demonstrate a very good understanding of strategies for a collaborative approach to OHS management in the workplace.
Final Grades table:
CHD Competent with High Distinction;CDI Competent with Distinction; CC Competent with Credit; CAG Competency Achieved – Graded; NYC Not Yet Competent; DNS Did Not Submit for assessment

Further information regarding the application of the grading criteria will be provided by your teacher.


Assessment Matrix

Element                                                                           Performance Criteria                                                                                 Assessment                                                                                                                                                          
1.Identify laws related to criminal law

1.1.Source legislation, regulations and policies relevant to criminal law


1.2. Interpret key legal principles as they apply to criminal law matters
 

1.1 Short answer/multiple choice test to be submitted online. To cover sources of criminal law, types of criminal matters, types of hearings, jurisdiction (assessment task 1)


1.2 Final in class test (assessment task 3)
 

2.Enhance professional practice through application of relevant principles of criminal law

2.1.Identify different criminal matters, defences, types of hearings, criminal jurisdictions and types of courts and explain relationships between them


2.2. Receive call from client or police and communicate details of client charge and bail status to legal practitioner
 

2.1 Short answer/multiple choice test and final test (assessment tasks 1 and 3)


2.2 Hypothetical scenario in relation to a client who has been charged with an indictable offence requiring relevant advice (assessment task 2)
 

3.Draft and process documents involved in criminal law matters

3.1.Prepare letters and other documents for legal practitioner for review and sign-off according to organisation’s policies and procedures


3.2.Determine types of costs in accordance with legislative and regulatory requirements for costing legal services


3.3.Ensure documents are despatched according to instructions


3.4.Facilitate liaison and communication between the parties


3.5.Maintain files, noting critical dates and reminders
 

3.1 Hypothetical scenario as above requiring preparation of relevant documentation (assessment task 2)


3.2 Hypothetical scenario as above requiring advice regarding costs (assessment task 2)
 

3.3 Hypothetical scenario as above requiring advice regarding costs (assessment task 2)
 

3.4 Hypothetical scenario as above requiring advice regarding costs (assessment task 2)
 

3.5 Hypothetical scenario as above requiring advice regarding costs (assessment task 2)
 

Course Overview: Access Course Overview