LAW7264

Principles of criminal law and procedure ( 6 points, SCA Band 3, 0.125 EFTSL)

Postgraduate

(LAW)

Leader: Martine Marich

Offered:
Clayton T1-58 2005 (Day)
Clayton T3-58 2005 (Day)

Synopsis: This subject gives students an understanding of the fundamental principles of criminal law and procedure and of the policies underlying them. The focus of the course will be on the principles and doctrines of criminal law but students will also examine substantive State and Federal offences, such as homicide, non-fatal offences against the person, sexual offences, property offences and relevant defences and aspects of criminal procedure. The subject will satisfy the requirements of the Council of Legal Education for admission to practice.

Objectives: On completion of this subject students will have: (a) acquired an understanding of the fundamental concepts of the criminal law, including actus reus, mens rea and strict liability, and burden and standard of proof; (b) acquired an understanding of the elements of the principal common law and statutory offences and defences; (c) acquired analytical and interpretative skills necessary for giving advice in relation to factual scenarios arising under the Victorian and Federal criminal laws; (d) examined the system of international prosecution of criminal offences and the difficulties and likely future developments therein; (e) acquired an understanding of Victorian and Federal criminal procedure and the ability to identify and apply procedural rules and principles; (f) acquired an awareness of the historical, political and social context of the criminal law.

Assessment: Case Preparation exercise requiring students to analyse a set of documents comprising a police brief of evidence and (i) to prepare a submission to the Director of Public Prosecutions recommending whether the discretion to prosecute should be exercised in the circumstances of the case, and (ii) assuming that the discretion to prosecute has been exercised, prepare a plea in mitigation of penalty on behalf of the Defendant: 30%Final Examination: 70%

Contact Hours: 5 hours per week x 5 weeks

Prerequisites: LAW7212 and LAW7079. Prohibited combinations: LAW3300