Monash University Handbook 2010 Postgraduate - Unit

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:

1. 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;
2. acquired an understanding of the elements of the principal common law and statutory offences and defences;
3. acquired analytical and interpretative skills necessary for giving advice in relation to factual scenarios arising under the Victorian and Federal criminal laws;
4. acquired an understanding of Victorian and Federal criminal procedure and the ability to identify and apply procedural rules and principles;
5. acquired an awareness of the historical, political and social context of the criminal law.

Assessment

Memorandum of Advice requiring students to provide detailed advice on issues of criminal law and procedure: 30% Final examination: 70%

Chief examiner(s)

Professor Bob Williams (Trimester 1)
Dr Martine Marich (Trimester 2)
Associate Professor Gaye Lansdell (Trimester 3)

Contact hours

5 hours per week x 5 weeks

Co-requisites

LAW7212 and LAW7079.

Prohibitions

LAW3300