units

LAW3302

Faculty of Law

18 September 2017 31 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Clayton

  • Second semester 2016 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW4332.

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.

Outcomes

  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
    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% and research assignment (1,500 words): 30%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Stephen Gray

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301

Co-requisites

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3300