| Semester 3, 2020 Online | |
| Short Description: | Adv Criminal Law and Procedure |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090900 - Law |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: (LAW5111 and LAW5112) or LAW5501
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and Chief Justice of Queensland as meeting the criminal law and procedure area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Criminal Law and Procedure, specifically: the definition of crime; elements of crime; aims of the criminal law; homicide and defences; non-fatal offences against the person and defences; offences against property; general doctrines; selected topics chosen from attempts, participation in crime, drunkenness, mistake and strict responsibility; and elements of criminal procedure including classification of offences, process to compel appearance, bail, preliminary examination and trial of indictable offences.
Synopsis
This course deals with elements of Criminal Law and Procedure, specifically: the definition of crime; elements of crime; aims of the criminal law; homicide and defences; non-fatal offences against the person and defences; offences against property; general doctrines; selected topics chosen from attempts, participation in crime, drunkenness, mistake and strict responsibility; and elements of criminal procedure including classification of offences, process to compel appearance, bail, preliminary examination and trial of indictable offences.
Objectives
On successful completion of this course, students should be able to:
- Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to criminal law and procedure, and underlying principles and concepts; and the broader contexts within which legal issues arise in this area (PO1/TLO1).
- Identify and articulate complex legal issues [relevant to criminal law and procedure]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate jurisprudential and practical responses to legal issues, and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
- Identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [(including problems raising special interpretative issues, [ fault elements and broad legislative terms such as a ‘reasonable’ requirement); and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | The definition of crime [Admission Rules 1(1)] | 2.50 |
| 2. | Elements of crime [Admission Rules 1(2)] | 5.00 |
| 3. | Aims of the criminal law [Admission Rules 1(3)] | 2.50 |
| 4. | Homicide and defences [Admission Rules 1(4)] | 20.00 |
| 5. | Non-fatal offences against the person and defences [Admission Rules 1(5)] | 20.00 |
| 6. | Offences against property [Admission Rules 1(6)] | 10.00 |
| 7. | General doctrines [Admission Rules 1(7)] | 5.00 |
| 8. | Selected topics chosen from attempts, participation in crime, drunkenness, mistake, strict responsibility [Admission Rules 1(8)] | 20.00 |
| 9. | Elements of criminal procedure. Selected topics chosen from classification of offences, process to compel appearance, bail, preliminary examination, trial of indictable offences [Admission Rules 1(9)] | 15.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=03&subject1=LAW5121)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Criminal Code Act 1899 (Qld)
(sch 1 Criminal Code available online.)
(sch 1 Criminal Code available online.)
Colvin, E, McKechnie, J & O'Leary, J 2017, 'Criminal law in Queensland and Western Australia: cases and commentary', 8th edn, LexisNexis Butterworths, Chatswood, New South Wales. (the latest edition is required).
Reference materials
Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Burton, K, 2015, 'Lexis Nexis questions and answers: criminal law in Queensland and Western Australia', 2nd edn, LexisNexis Butterworths, Sydney, New South Wales. (the latest edition is required).
Devereux, J & Blake, M 2016, 'Kenny criminal law in Queensland and Western Australia', 9th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Douglas, H, Barrett, M & Higgins, E, 2017, 'Criminal process in Queensland', 2nd edn, Thomson Reuters, Pyrmont, New South Wales. (the latest edition is required).
Hemming, A & Braun, K 2016, ‘'Lexis Nexis questions and answers: criminal procedure’, LexisNexis Butterworths, Sydney, New South Wales.
Hemming, A, 2015, ‘Criminal law guidebook: Queensland and Western Australia’, 1st edn, Oxford University Press, Melbourne, Victoria.
Shanahan, MJ, Smith, PE & Ryan, S, 'Carter's criminal law of Queensland, electronic edition', LexisNexis Butterworths, Chatswood, New South Wales. (available electronically in LexisNexis AU database accessible via USQ Library website).
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 40.00 |
| Directed Study | 50.00 |
| Private Study | 75.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE MULTIPLE-CHOICE | 10 | 10 | 14 Dec 2020 | (see note 1) |
| ONLINE PROBLEM SOLVING | 40 | 40 | 31 Dec 2020 | (see note 2) |
| ONLINE EXAMINATION | 50 | 50 | End S3 | (see note 3) |
Notes
- A multiple-choice online test will be scheduled for week 4/5 of the semester. Details will be available on StudyDesk.
- An online problem-solving activity will be scheduled in week 7 of the semester. Details will be available on StudyDesk.
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S3 2020 are:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S3, 2020:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S3 2020 are:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S3, 2020:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure (point 4.4.2). -
Method used to combine assessment results to attain final grade:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. -
Examination information:
Due to COVID-19 the requirements for S3 2020 are:
An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S3, 2020:
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S3 2020 are:
The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S3, 2020:
Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment notes
-
Referencing in assignments:
Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .