Leader: Bronwyn Naylor

Offered

Clayton Second semester 2008 (Day)

Synopsis

This unit builds upon Criminal law and procedure A and comprises study of the general doctrines of the criminal law, the law relating to certain crimes, and the workings of the system of criminal justice in the courts. The following crimes are studied in depth: sexual offences, drug offences, offences of strict liability, attempts to commit crimes, liability of accessories and offences against property. Doctrines applicable to all crimes and the requisite mental elements of a crime are examined. Students will be encouraged to consider how the criminal law and its procedure for determining guilt have evolved historically and may be viewed from the vantage point of different perspectives.

Objectives

1. In relation to substantive law, by the end of the semester students should be equipped with an understanding of the elements of the major substantive offence categories of sexual offences, drug offences, attempts, accessorial liability, strict liability and offences against property;
2. In relation to theories of criminal law, by the end of semester students should be able to write an essay informed by
   1. an appreciation of the historical, political and social context of the criminal law;
   2. an understanding of both the general principles of criminal liability and the use of criminal law as a method of social control; and
   3. an appreciation of some of the many legal, social, political and moral issues raised in the criminal law area;
3. In relation to the acquisition of skills, by the end of semester students should be equipped with enhanced analytical and interpretative skills necessary for giving advice in relation to criminal law problems.

Assessment

Tutorial participation (10%) AND either examination (3 hours writing time plus 30 minutes reading and noting time): 90% OR Examination (2 hours writing time plus 30 minutes reading and noting time): 60%
Research assignment (2400 words): 30%

Contact hours

Three lectures per week and one tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3300