Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit gives students an understanding of the fundamental principles of criminal law and procedure and of the policies underlying them. The focus 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 unit will satisfy the requirements of the Council of Legal Education for admission to practice.

Objectives

On completion of this unit 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)

Mr Michael Fitzgerald (Trimester 1; Trimester 2)
Associate Professor Gaye Lansdell (Trimester 3)

Contact hours

24 hours of lecture/seminar plus 6 hours of tutorials (intensive, semi-intensive or semester/trimester long, depending on the faculty resources, timetabling and requirements).

Co-requisites

LAW7212 and LAW7079 or LAW7470

Prohibitions

LAW3300