Units

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Sample subject outline - Summer 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

An understanding of the principles of criminal responsibility is important for practising lawyers so they can provide accurate advice to clients concerning this area of the law. Criminal law is of great importance in understanding how the Australian legal system determines what is to be classified as criminal behaviour and how breaches of the law should be punished. This unit is a compulsory unit in the law degree as the study of criminal law is considered essential and is required for admission to legal practice. If you are planning to practise in criminal law and engage in court work you will rely on your advocacy skills on a daily basis. This unit will enable you to build on the advocacy skills you commenced to develop in Fundamentals of Criminal Law LWB238. You will further develop these skills in the compulsory unit, LWB432 Evidence and if you undertake the elective unit, Advocacy LWB356. Another unit relevant to this area of practice is the elective unit, LWB494 Principles of Sentencing.

Aims

The aim of this unit is to build upon the foundational knowledge and skills you acquired in LWB238 Fundamentals of Criminal Law and to develop an understanding of the way that criminal responsibility principles are applied in practice.

Objectives

On the completion of this unit you should be able to:
1. apply the principles of criminal responsibility and the competing philosophical justifications for sentencing to demonstrate your knowledge and understanding of criminal law;
2. recognise and define criminal law defences, excuses or special pleas in a given fact scenario that include international perspectives;
3. extract, evaluate and critically analyse the principles of criminal law responsibility, policy and related ethical issues for the purpose of constructing arguments and clearly communicating solutions for real world problems;
4. communicate criminal legal and policy arguments clearly and logically to demonstrate effective advocacy skills;
5. take responsibility for your own learning by effectively managing your time and working independently;
6. evaluate and reflect upon your own performance and ethical attitude, identify gaps in your knowledge and skills and develop strategies for your own improvement in future law units and professional practice.

Content

The material covered in this unit includes:

• General Doctrines, Attempts to commit offences, Double Jeopardy


• Criminal Responsibility

- Complicity
- Defences and Excuses

• Involuntarism (including Automatism)


• Accident


• Insanity (including Diminished Responsibility)


• Intoxication


• Mistake and Claims of Right


• Emergencies and Compulsion


• Self Defence and Provocation


• Sentencing Principles and Practice

In this unit you will develop the following skills (explicitly and implicitly):

• Problem solving


• Critical thinking and legal analysis;


• Oral and written communication;


• Ethical orientation;


• Advocacy


• Time management


• Responsibility for independent learning


• Reflective practice


• International perspective.


Your understanding of the unit content and the development of these skills will assist you to acquire the following law graduate capabilities:
1 Discipline Knowledge
2 Problem Solving, Reasoning and Research
3 Effective Communication
4 Life Long Learning
5 Work Independently and Collaboratively
6 Professional, Social and Ethical Responsibility

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of reading materials, face-to-face lectures (to assist with your understanding of criminal responsibility and sentencing), tutorials (to allow you to practise and develop your legal problem solving, critical analysis and persuasive communication skills) and online materials (to enable you to start evolving into an independent learner).

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.

Lectures
There will be nine two-hour lectures in the first week nominated for this subject. The lectures are audio taped and podcasted through the unit's Blackboard site and are supported by PowerPoint presentations. However students should consider attendance at the lectures if possible.

Computer Materials
Interactive computer learning activities, utilising the Crimson Parrot multimedia program, are available for all students. These activities will develop your understanding of criminal law principles and your ability to analyse and apply these principles in real world contexts. An advocacy video and checklists are also available on the Blackboard site. You will be required to view the advocacy video prior to the commencement of the tutorial sessions.


Tutorials
Two (1) one hour tutorials are timetabled for each tutorial group on each day of the five day period nominated for tutorials. Attendance at these tutorials is compulsory. Students are advised to nominate for their preferred tutorial time early as there is a maximum of 20 students for each group.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).Formative Assessment
Formative assessment is designed to provide you with feedback on your development or attainment of understanding of criminal responsibility concepts and the principles of sentencing examined in this unit and the skills taught. In this unit you will receive formative feedback before the end of semester exam through:




• The face-to-face tutorials;


• The individual feedback on your advocacy exercise; and on your participate exercises


• The option of a private consultation with a member of the teaching team during student consultation.



How does this link with unit learning outcomes?
All of the formative assessment you receive links with learning outcomes 5 and 6.


Self Reflection
You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:



• gaps in your knowledge and understanding of the legal principles;


• the need for improvement in your problem solving methodology;


• strategies to improve your problem solving, oral and written communication skills in further assessment; and


• areas for improvement for future studies within the LLB.



How does this link with unit learning outcomes?
You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcomes 5 and 6.

Assessment name: Advocacy Exercise
Description: The advocacy exercise requires you to present a 10 minute argument on an allocated problem in an adversarial situation. Your tutor will ask questions from the Bench as part of the assessment, which will be in addition to your 10 minute allocation. You will also be required to submit a written outline of the arguments that you will be presenting during your advocacy exercise.

Due Date:Students will be advised prior to the commencement of the lecture period of the advocacy exercise they are required to present and the role they are required to take in that presentation.
Relates to objectives: The advocacy exercise will assess learning outcomes 1 and 4-6.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: See Description


Assessment name: Tutorial Participation
Description: Students will be assessed on their attendance at, preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in tutorials throughout the semester. Each student will be advised of three of the advocacy exercises for which they will be required to prepare and produce a one page outline of argument prior to the presentation of that exercise by the nominated students.
Relates to objectives: Through tutorial participation we will assess your knowledge and understanding of the law of criminal responsibility and the principles of sentencing, your ability to apply the law to real life problems and your communication skills. This assessment links with learning outcomes 1-4 and 6.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: TBA


Assessment name: Examination (Theory)
Description: There will be a compulsory end of semester exam. The examination will be open book.
Relates to objectives: The exam will assess your understanding of the law of criminal responsibility and sentencing and your problem solving skills. This assessment links to learning outcomes 1-6.
Weight: 60%
Internal or external: Internal
Group or individual: Individual
Due date: Exam Period


Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Materials
MJ Shanahan, PE Smith & S Ryan, Carter's Criminal Law of Queensland, 18th ed, LexisNexis Butterworths, Australia, 2011.
Recommended References
T Crofts and K Burton, The Criminal Codes: Commentary and Materials, 6th edition, Thomson Reuters, Sydney, 2009.
K Burton & G Mackenzie, Butterworths Questions and Answers: Criminal Law in Queensland and Western Australia, LexisNexis Butterworths, Australia, 2006.
E Colvin, S Linden & J McKechnie, Criminal Law in Queensland and Western Australia, Cases and Materials, 5th ed, LexisNexis Butterworths, Australia, 2008.
H Douglas & S Harbidge, Criminal Process in Queensland, Thomson, Sydney, 2008.
PA Fairall & S Yeo, Criminal Defences in Australia, 4th ed, LexisNexis Butterworths, Sydney, 2005.
G Kenny, An Introduction to Criminal Law In Queensland and Western Australia, 7th ed, LexisNexis Butterworths, Australia, 2008.
D Brown, D Farrier, L McNamara, S Egger & A Steele, Criminal Laws, 4th ed, The Federation Press, Australia, 2006.
J Glissen QC, Advocacy in Practice, 4th ed, LexisNexis Butterworths, Australia, 2005.
G Mackenzie & N Stobbs, Principles of Sentencing, Federation Press, Sydney, 2009.
A Schloenhardt, Queensland Criminal Law, Oxford University Press, Australia, 2008.

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 24-Aug-2011