Course Title: Apply criminal law within justice environments

Part B: Course Detail

Teaching Period: Term1 2014

Course Code: JUST5719

Course Title: Apply criminal law within justice environments

School: 365T Global, Urban and Social Studies

Campus: City Campus

Program: C5315 - Diploma of Justice

Course Contact: Irene Pagliarella, Program Manager

Course Contact Phone: +61 3 9925 4581

Course Contact Email:

Name and Contact Details of All Other Relevant Staff

George Dumas
Ph: 9925 4203

Nominal Hours: 80

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

Successful completion of, or demonstrated equivalence to, the following units of competency:

VU20868 Apply foundation legal principles
VU20869 Work within the criminal justice system
VU20870 Apply writing and presentation skills within a justice environment
VU20871 Support the management of adult offenders within the Victorian correctional framework
PSPOHS401B Implement workplace safety procedures and programs
PSPETHC401A Uphold and support the values and principles of public service

And ONE of the following electives:

VU20867 Support policing processes within justice environment contexts
CHCCHILD401B Identify and respond to children and young people at risk

Course Description

In this course you will develop the skills and knowledge required to apply aspects of criminal law within a justice range of justice settings.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20861 Apply criminal law within justice environments


1. Examine the concept of crime

Performance Criteria:

1.1 Concept of crime is delineated
1.2 Elements of crime and the factors affecting those elements are examined and evaluated


2. Investigate defences to crime

Performance Criteria:

2.1 Differences between rebuttable and irrebuttable presumptions are identified and analysed
2.2 General defences to crime are analysed, evaluated and applied to practice in justice environment/s


3. Investigate elements and defences of crime against persons

Performance Criteria:

3.1 Elements and defences of criminal assault and sexual offences and the factors affecting them are examined
3.2 Law relating to family violence are examined, evaluated and applied to practice
3.3 Law relating to stalking and its applicability to issues of family violence are examined and applied to practice


4. Investigate the concept of culpability

Performance Criteria:

4.1 Culpability of person involved in a crime is analysed, evaluated and applied
4.2 Law regarding ‘attempt’ in committing crime is examined and applied
4.3 Law of theft and its associate offences is examined and applied


5. Apply liability of road safety laws and drug offences within justice environments

Performance Criteria:

5.1 Duty of care and the various requirements of the road safety laws applicable to drivers in Victoria are analysed and practised
5.2 Basic drug laws of possession, use and trafficking in Victoria are identified and applied to practice
5.3 Strict liability offences and the relevant case law applicable to those offences are identified and evaluated for application to practice

Learning Outcomes

On completion of the course, you will be able to:
• Provide the effective application of judicial policies, procedures and processes to meet job role requirements within justice environments
• Provide the knowledge and the effective application of relevant aspects of criminal law and Victorian legislation governing evidence required to prove offences and satisfy judicial requirements
• Provide the knowledge of relevant Federal, State and local legislative, regulatory and statutory requirements and provisions, including rules and admissibility of evidence

Details of Learning Activities

You will participate in a variety of learning activities. They include the following:
class activities:
• Lectures
• Observations
• Demonstrations
• Presentations
• Class discussions
• Oral and written questioning
• Incursion/guest speakers

Out of class activities:
• Readings/Research activities
• Case studies
• Observations
• Excursions
• Knowledge-based tests/questionnaires

Teaching Schedule

Week One:
Orientation to the course and expected outcomes.
Course guides handed to students and discussed.
Pre-test and feedback to students
Types of law/crime
The concept of crime
Aims of Criminal Law

Week Two:
Introduction to the elements of crime
The physical elements
The rebuttable presumptions

Week Three:
Simulated crime related practical exercise
Student feedback on practical exercise

Week Four:
Introduction to the elements of crime
The mental elements
The irrebuttable presumptions

Week Five:
Simulated crime related practical exercise
Student feedback on practical exercise

Week Six:
Examination of general defences to crime
Elements of mitigation and other pleas
Formative assessment 1
Issue of instructions of final summative assessment 1 tasks and discussion of criteria.

Week Seven:
Serious assault
Indecent assault
General and specific defences

Week Eight:
Family violence law
Stalking law
Formative assessment 2

Week Nine:
Theft and associated matters
Case study
Defences to theft
Attempts to theft

Week Ten:
Obtaining property by deception
Obtaining financial advantage by deception

Week Eleven:
Aggravated burglary
Attempts at burglary

Week Twelve:
Armed robbery
Attempts at robbery
Formative assessment 3

Week Thirteen:
Elements of sexual offences - underage
Rape, rape in marriage
Family violence
Defences to rape
Attempts of sexual offences

Week Fourteen:
Project Based Learning on sexual offences

Week Fifteen:
Victim impact statement
Formative assessment 4

Week Sixteen:
Road safety laws
Duty/standard of care
Culpable driving
Dangerous driving
Careless driving

Week Seventeen:
Drug laws
Formative assessment 5

Week Eighteen:
Revision and assessment
Summative 2 conducted
Summative 1 submitted

The teaching schedule outlined above is subject to change depending on your assimilation of knowledge and skills of the subject matter, and on changes to legislation as well as unforeseen circumstances.
Attendance in this VET Justice Course is to help you develop a self-directed, professional attitude and to maximize your educational vocational opportunities and practical skills. Regular class attendance provides fundamental educational value and offers the most effective means for you to gain knowledge and skills of the concepts of the justice environment. Lack of regular attendance and participation may compromise your performance in the course and achieving the final outcome.

Learning Resources

Prescribed Texts

• Anderson, J., (2010) ‘Criminal Law Guidebook’ Oxford University Press, Australia
• Nash, G., (2013) ‘Annotated Criminal Legislation Victoria’ Lexis Nexus, Butterworths, Australia


• Class handouts
• Victorian legislation and Parliamentary Documents (
• Australasian Legal Information Institute (
• Australian Institute of Criminology (
• Magistrates Court (
• Children’s Court (www.children’
• Coroners Court (
• Department of Justice (
• Victorian legislation:
o Crimes Act 1958
o Criminal Procedure Act 2009
o Magistrates Court Act 1989
o Summary Offences Act 1966
o Bail Act 1977
o Sentencing Act 1991
o Road Safety Act 1986
o Children, Youth and Families Act

Other Resources

Overview of Assessment

Assessments may incorporate a variety of methods including observations, lectures, tutorials, class discussion, reports, and audio-visual presentations.

If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program coordinator or the Disability Liaison Unit if you would like to find out more.

A student charter summarises your responsibilities as an RMIT student as well as those of your teachers.

Your course assessment conforms to RMIT assessment principles, regulations, policies, procedures and instructions which are available for review online:;ID=c15i3ciaq8ca

Assessment Tasks

All assessment tasks are based on the requirements of the performance criteria, range statements and the assessment guidelines of the course.
Formative assessments 1 to 5 will consist of short answer questions to exams on the performance criteria of the applicable elements. Students will have the opportunity to receive feedback and make adjustments/improvements to the areas they are not competent in as a form of ongoing monitoring of their progress

Summative assessment 1 (graded) will constitute 50 % of the total grade. This assessment task comprises a written report on the elements of crime (Part A) and an application of skills and knowledge based on a case study (Part B).

Summative assessment 2, (graded) will constitute 50% of the final mark. This assessment comprises short answer questions on the concept of crime and culpability, defences to crime, crime against the person, road safety laws and drug offences.

Comprehensive assessment outlines will be issued and discussed with students in class/and or through Blackboard in Week 6 of the course


Assessment Matrix

The assessments have been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table which is as follows:

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

Grades which apply to course delivered in accordance with competency-based assessment (not-graded)

CA=Competency Achieved
NYC=Not Yet Competent
DNS=Did Not Submit For Assessment

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.

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 – – 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:

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:

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:
The RMIT library provides tools to assist with your 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 –;ID=sg4yfqzod48g1 – and the RMIT Student Discipline Statute and Regulations -;ID=11jgnnjgg70y

Plagiarism Software
Students may enter their work into Turnitin, in order to support the originality of their writing and references. The software Turnitin may be used in this course, and can be discussed with your educator, Program Manager and/or downloaded from

Course Overview: Access Course Overview