Course Title: Criminal Law in a Justice Environment

Part B: Course Detail

Teaching Period: Term1 2012

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 crirminal law.


Teaching Schedule

Week One:
Explore the concept of crime and the evolution of Common and Statutory Law.

Week Two:
Explore the concepts of Mens Rea and Actus Reus as they relate to individual culpability before the law.
Examine how this relates to the notion of intent and what the onus of proof may be for the Magistrate’s, County and Supreme Courts from the Summary Offences and Crimes Act.

Week Three:
Examine the concepts of retribution, deterrence, rehabilitatin and certainty in relation to the Sentencing Act 1991and how the onus of proof and punishment leads towards these concepts.

Week Four:
Examine and evaluate the concepts of "Rebuttable and Irrebuttable"points of and their relevance to the age, physical and mental capacity of the acussed.

Week Five:
Analyze the elements of mitigation in relation to potential pleas propsed by the accused, including intoxication and provocation.

Week Six:
Examine and analyze the elements of "Self-Defence " and "Necessity"in relation to an offence.

Week Seven:
Examine and anlayze the issues surrounding the level of participation of the individual charged with an offence including the principal offender, acting in concert, aiding and abetting.

Week Eight:
Explore the concept of "attempt" in terms of culpability.

Week Nine:
Explore the issues around what constitutes "assualt."

Week Ten:
Explore and analyze the nature of "property" in relation to criminal activity.

Week Eleven:
Examine and analyse the varied descriptions and applications of "theft."

Week Twelve:
Explore the issues around sexual offences.

Week Thirtreen:
Continued analysis of sexual offences including age definitions in the determining of an offence.

Week Fourteen:
Examine the issues surrounding Drug offences.

Week Fifteen:
Examine Road laws in relation to the Road Safety Act.

Week Sixteen:
Continue exploring Road and Traffic laws and Regulations.

Week Seventeen: Final Exam

Week Eighteen: Review and Exam Re-sit, if required.


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’s Mark Table 7 which is as follows:
HD 80-100, DI 70-79, CR 60-69, PA 50-59, NN 0-49

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

Other Information

Assessment Deadlines
Any due date for any assignment is to be considered a deadline. Students can submit work at any time prior to the submission date, but it must be into the Administration office by close of business of the day the submission is due.
Extensions will not be granted by teachers or Administrative staff.
In accordance with RMIT policy, students may apply for an extension where there have been unexpected or extenuating circumstances, e.g.
a) 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.
b) Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
c) Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.

Students requiring extensions for 7 calendar days or less (from the original due date) must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Program Coordinator/ Program Manager. The application must be lodged no later than one working day before the official due date. The student will be notified within no more than 2 working days of the date of lodgment as to whether the extension has been granted.

Students seeking an extension of more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.

Assignments submitted late without approval of an extension will not be accepted or graded.

Students must keep a copy of their paper until the graded essay has been returned or marks have been posted.
Plagiarism is the presentation of the work, idea or creation of another person, without appropriate referencing as though it is one’s own. Plagiarism is not acceptable. 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.

You must acknowledge the use of another person’s work or ideas. If texts or ideas are reproduced they are to be clearly acknowledged in one of the conventional ways, such as by use of quotation marks, indentation for longer passages and clear citation of the source. Failure to separate one’s own contribution from that of another constitutes plagiarism – a form of cheating and may result in outright failure. Random checks will be made on students’ work.

Other Information: All email communications will be sent to your RMIT email address.

Course Overview: Access Course Overview