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Criminal Law 1 - LAWS1001
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: http://www.law.unsw.edu.au/
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Currently enrolled in a program in the Faculty of Law.
 
 
Excluded: JURD7101
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Criminal Law follows on from the main foundation courses such as Foundations of Law and Public Law. It is related to the Litigation course which covers civil and criminal procedure and the law of evidence. The criminal process section of the Criminal Law course examines aspects of the criminal process in a thematic, contextual and process oriented way, rather than engaging in a detailed doctrinal exposition, which is left to the criminal procedure section of the Litigation course. There are a number of undergraduate and postgraduate elective offerings in the criminal justice stream broadly defined, which all draw or build on the Criminal Law course.

The rules of criminal law are shaped by and dependent upon the operation of the criminal justice system. No area of substantive law is self-executing, a factor which is particularly relevant in the area of criminal law. Attention is given to the role of the police, prosecutors, defence counsel, magistrates, judges and juries. Well over 90% of criminal matters in NSW are disposed of without trial by judge and jury. It is crucial, therefore, for a full appreciation of the criminal justice system to understand the processes of the law.

Recommended Prior Knowledge

None

Course Objectives

  • To examine the so-called general principles of criminal liability and to consider whether criminal law is not better conceived as a diverse field of regulation.
  • To examine the major substantive offence categories.
  • To examine the ever-increasing group of offences known as "regulatory offences" which have become of overwhelming practical significance. The very existence of these offences raises crucial issues of policy which are also examined. "Regulatory offences" are also used as the model for sharpening skills of statutory interpretation.
  • To examine the criminal law as a means of solving social problems.

Main Topics

  • Themes in criminal law
  • Criminalisation
  • The criminal process
  • Components of criminal offences
  • Public order offences
  • Drugs offences
  • Sentencing

Assessment

Court research paper 30%
End of semester exam 60%
Class participation 10%

Course Texts

Prescribed

  • Brown, Farrier, Egger, McNamara and Steel, Criminal Laws: Materials and commentary on Criminal Law and Process of New South Wales, 4th edn (2006) The Federation Press
  • Howie and Johnson, Criminal Legislation in New South Wales 2009 - 2010 edition, Lexis Nexis, Butterworths
Recommended
None

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.