Course Outline. Code: LAW103 Title: Criminal Law and Procedure A

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1 Course Outline Code: LAW103 Title: Criminal Law and Procedure A USC Law School Teaching Session: Semester 1 Year: 2015 Course Coordinator: Associate Professor Kelley Burton Office No: JG.03G Phone No: (07) What is this course about? 1.1 Course description This course introduces you to fundamental concepts of criminal law. You will examine some of the most serious offences murder, manslaughter, sexual assault and assault and some of the most common, such as drug, traffic and public order offences. While the primary focus will be Queensland law, you will also consider some Commonwealth offences. The course will assist you to understand the role and operation of the criminal law and criminal justice system, acquire knowledge of some of its major rules, and develop skills to critically evaluate its effectiveness. 1.2 Course content This course is designed to develop knowledge and understanding of the following: The concept of crime and the role of the criminal law in our society The principles of criminal responsibility The elements of the law of homicide The elements of the major sexual offences The elements of assault and related offences The elements of common offences concerning drugs, traffic and public order The roles of principal agencies in the criminal justice system including the courts, the police, prosecutors and defence lawyers 2. Unit value 12 units

2 Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes On successful completion of this course you should be able to: Demonstrate knowledge and critical understanding of fundamental rules of the criminal law in Queensland Identify legal issues, apply legal reasoning and reach arguable conclusions in response to a broad range criminal law scenarios Demonstrate a knowledge of ethical issues that may confront a criminal lawyer and an understanding of appropriate professional responses to those issues Demonstrates the skills of organisation and time management to complete problems within in a set time Assessment Tasks You will be assessed on the learning outcome in task/s: 1, 2 and 3 Knowledgeable. Empowered. 1, 2 and 3 Knowledgeable. 2 and 3 Ethical. 1, 2 and 3 Empowered. Graduate Qualities Completing these tasks successfully will contribute to you becoming: 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, co-requisites and anti-requisites 4.1 Enrolment restrictions This course is available only to students enrolled in a Bachelor of Laws program. 4.2 Pre-requisites 4.3 Co-requisites LAW Anti-requisites 4.5 Specific assumed prior knowledge and skills (optional) 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)

3 Page Assessment tasks Task Assessment Tasks No. Individual or Group Weighting % What is the duration / length? Individual 20% 1000 words 1 Submission to a Law Reform Commission 2 Legal problem- Individual 30% 45 solving grid minutes 3 Barrister s advice Individual 50% 2500 words 100% When should I submit? Friday, Week 4 Tutorial, Week 8 Friday, Week 13 Where should I submit it? In hard copy to USC Law School, with SafeAssign report In tutorial In hard copy to USC Law School, with SafeAssign report Assessment Task 1: Submission to a Law Reform Commission Goal: The goal of this submission is to assess your knowledge and critical understanding of some relevant legal concepts and the fundamental principles underpinning the criminal law in Queensland. It will also assess your ability to apply legal reasoning to a contemporary type of conduct and reach an arguable conclusion. Product: Law reform submission. Format: This is an individual word processed submission of a maximum of 1000 words prepared by a solicitor. It will provide feedback to a law reform commission, which is conducting a review about the concept of crime, the role of the criminal law in our society and whether a contemporary type of conduct should be criminalised. Use size 12 Times New Roman font, 1.5 line spacing and 2 cm margins. Use headings. Number each paragraph. Cite references in the text in accordance with the Australian Guide to Legal Citation (3 rd edition). Do not use footnotes, endnotes or bibliography. Criteria Explains the relevant legal concepts and fundamental principles underpinning criminalisation. Applies the fundamental principles underpinning criminalisation to a contemporary type of conduct. Reaches an arguable conclusion on whether the contemporary type of conduct should be criminalised. Uses appropriate language for the audience; and uses correct spelling and grammar. Generic skill assessed Skill assessment level Problem solving Communication Assessment Task 2: Legal problem-solving grid Goal: The goal of this legal problem-solving grid is to assess your knowledge and critical understanding of some of the fundamental rules of the criminal law. It will also assess your ability identify legal issues in a real-life factual problem, apply legal reasoning to it, and reach arguable conclusions.

4 Page 4 Product: Legal problem-solving grid. Format: This is an individual handwritten legal problem-solving grid prepared by a solicitor in 45 minutes of the week 8 tutorial under open book conditions. It will assist the solicitor to determine whether the offences in a real-life factual problem can be established. Criteria Identifies the relevant legal issues in the factual problem. Explains the relevant rules of criminal law derived from statute and case law. Applies legal reasoning to the factual problem. Reaches arguable conclusions. Identifies ethical issues that may confront the solicitor in this factual problem and capacity to suggest an appropriate professional response. Generic skill assessed Skill assessment level Problem solving Assessment Task 3: Barrister s advice Goal: The goal of this barrister s advice is to assess your knowledge and critical understanding of some of the fundamental rules of the criminal law. It will also assess your ability identify legal issues in a real-life factual problem, apply legal reasoning to it, and reach arguable conclusions.. Product: Barrister s advice. Format: This is an individual word processed advice of a maximum of 2500 words prepared by a barrister. It will provide advice to a solicitor about a real-life factual problem. Use size 12 Times New Roman font, 1.5 line spacing and 2 cm margins. Use headings. Use the Australian Guide to Legal Citation (3 rd edition). Case names should appear in italics. The Code should be cited as the Criminal Code (Qld). Full citations and pinpoint references are required in the text. Do not use footnotes, endnotes or bibliography. Criteria Identifies the relevant legal issues in the factual problem. Explains the relevant rules of criminal law derived from statute and case law. Applies legal reasoning to the factual problem. Reaches arguable conclusions. Identifies ethical issues that may confront the solicitor in this factual problem and capacity to suggest an appropriate professional response. Uses appropriate language for the audience; and uses correct spelling and grammar. Generic skill assessed Skill assessment level Problem solving Communication 5.3 Additional assessment requirements Safe Assign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made between your submitted assessment item and all other work that Safe Assign has access to. If required, details of how to submit via Safe Assign will be provided on the Blackboard site of the course. Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4%

5 Page 5 b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome. 6. How is the course offered? 6.1 Directed study hours On campus Lecture: 2 hours per week On campus Tutorial: 1 hour per week 6.2 Teaching semester/session(s) offered Semester Course activities Teaching What key concepts/content will I Week / learn? Module 1 The concept of crime, the role of the criminal law, sources of the criminal law and classification of offences; principles underpinning criminalisation; an overview of the Queensland criminal justice system What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities Lecture Materials on Blackboard; Burton, Crofts and Tarrant, Ch 1 2 Fatal offences (1) Lecture and tutorial Burton, Crofts and Tarrant, Ch 4 3 Fatal offences (2) Lecture and tutorial Burton, Crofts and Tarrant, Ch 4 4 Non-fatal offences Lecture and tutorial Burton, Crofts and Tarrant, Ch 5 5 Friday, 3rd April Good Friday Public Holiday Sexual offences Mid Semester Break Self-directed learning exercise Burton, Crofts and Tarrant, Ch 6

6 Page 6 6 Drug offences Lecture and tutorial Burton, Crofts and Tarrant, Ch 8 7 Property offences Lecture and tutorial Burton, Crofts and Tarrant, Ch 7 8 Defences: self-defence and other selfhelp defences; provocation Lecture and tutorial Burton, Crofts and Tarrant, Ch 9 and 10 9 Defences: insanity, diminished responsibility, intoxication Lecture and tutorial Burton, Crofts and Tarrant, Ch 9 and Criminal responsibility for participation in offences Lecture and tutorial Burton, Crofts and Tarrant, Ch Public order and traffic offences Lecture and tutorial Materials on Blackboard 12 Revision Lecture and tutorial Materials on Blackboard 13 NO CLASS Study Period Central Examination Period End of Semester Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) Please note that you need to have regular access to the resource(s) listed below: Author Year Title Publisher Burton, K, Crofts, T and Tarrant, S 2011 Principles of Criminal Law in Queensland and Western Australia Thomson Reuters 7.2 Required and recommended readings Lists of required and recommended readings may be found for this course on its Blackboard site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. 7.3 Specific requirements 7.4 Risk management There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas. 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: or 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs

7 Page 7 Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability Faculty/School specific information General enquiries and student support School of Law Tel: Fax: Assignment Cover Sheets The USC assignment cover sheet can be found on the USC Portal (Blackboard) at: School of Law (Students) > Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. Hard Copy Submission to USC Law School There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance. SafeAssign Submission If your course requests SafeAssign submission, there will be an electronic assessment submission area on Blackboard under Assessment. You will need to agree to the Submission Declaration before you are able to see the submission area.

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