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Criminal Laws - JURD7122

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Prerequisite: LAWS1021 or JURD7121 or LAWS1001 or JURD7101

Excluded: JURD7111, LAWS1011, LAWS1022

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course follows from JURD7121 Crime and the Criminal Process, and applies the perspectives and themes of that course to the doctrinally central criminal offences and defences. These are examined in a contextual framework that emphasises the policy and social issues underpinning the development and application of the law. This critical approach allows students to appreciate a complex set of conflicting ideologies, principles, discretion and histories informing the criminal law. The course draws on materials from other disciplines – especially criminology, history, sociology and feminist theory, which enhance students’ appreciation of the law in context. Social issues including race, class and gender are stressed. Comparisons with jurisdictions other than NSW are undertaken where this highlights relevant policy issues, legislative alternatives, or demonstrates the contingent nature of the law in question.
Throughout, detailed doctrinal analysis of the chosen offences/defences takes place and students develop the skills of legal element analysis of both statutory and common law offences and defences.

Course Learning Outcomes

The student will be able to:

Demonstrate awareness of principles of criminal justice and their relationship to the broader context;
Navigate and explain the basic doctrines, principles and rules relating to pre-trial procedure in criminal litigation;
Use statutory interpretation principles to identify the constituent elements of criminal offences and apply to hypothetical fact scenarios;
Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately;
Demonstrate an ability to incorporate a range of legal and interdisciplinary research sources in written communication with appropriate referencing;
Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner; and
Engage in reflective practice regarding the criminal law’s role in serving society and promoting justice.

Topics

Homicide (murder, manslaughter)
Defences (including mental illness, automatism, self-defence, provocation, substantial impairment, intoxication)
Assault (including aggravated assault and domestic violence)
Sexual Assault
Dishonest Acquisition
Extending Criminal Liability (including complicity)
Sentencing

Assessment

Research Essay - 30%
Final exam - 60%
Class participation - 10%

Texts

Brown et al, Criminal Laws: Materials and Commentary on Criminal Law and Process in New South Wales (5th edition, Federation Press, 2011).