LAW 2503 - Criminal Law and Procedure
North Terrace Campus - Semester 1 - 2017
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General Course Information
Course Details
Course Code LAW 2503 Course Criminal Law and Procedure Coordinating Unit Adelaide Law School Term Semester 1 Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 6 Contact Up to 6 hours per week Available for Study Abroad and Exchange Y Prerequisites LAW 1501 Incompatible LAW 1004 Assumed Knowledge LAW 1503 Restrictions Available to LLB students only Assessment Typically will include an assignment, class presentation and a final exam Course Staff
Course Coordinator: Dr Kellie Toole
Ms Kellie Toole (co-cordinator) Email: kellie.toole@adelaide.edu.au Phone 83134440
Prof Ngaire Naffine (co-cordinator) Email: ngaire.naffine@adelaide.edu.au Phone 83135816
Course Timetable
The full timetable of all activities for this course can be accessed from .
Criminal Law and Procedure 2017: Lecture Schedule
General Principles
Week 1: Criminal Law and Responsibility: Principles and Method
Week 2: The Elements of Offences and their Analysis
Offences and Defences
Week 3: Offences of Dishonesty
Week 4: Unlawful Killing
Week 5: Non Sexual Offences against the Person
Week 6: Sexual Offences against the Person
Week 7: Scope of Responsibility: Attempts and Complicity
Week 8: Defences Part 1 - Mental State Defences: Mental Impairment and Intoxication
Week 9: Defences Part 2 - Defences of Circumstance: Self Defence, Duress and Necessity
Criminal Procedure
Week 10: Policing and Exclusion of Evidence
Week 11: Prosecution, Defence and the Fair Trial
Week 12: Bail and Sentencing, and Revision
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Learning Outcomes
Course Learning Outcomes
Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South 最新糖心Vlog. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:
Criminal Law
· The definition of crime and the general principles of criminal law (Priestley 1)
· The major theories of criminal responsibility
· The aims of the criminal law (Priestley 3)
· General Doctrines (Priestley 7)
· The basic elements of an offence and their analysis (Priestley 2)
· The basis of fault, strict and absolute liability (Priestley 8)
· The substantive law of selected major offences including homicide and defences (Priestley 4); Non Fatal offences against the person and defences (Priestley 5); Offences against Property (Priestley 6)
· The extension of liability through the law of attempts and complicity (Priestley 8)
· The general defences (Priestley 8)
Criminal Procedure
Police Investigation, Apprehension, Interrogation and Seizure (Priestley 9)
· Bringing Accused Persons to Court – Prosecution and Defence (Priestley 9)
· The Reception of Evidence and the Idea of the Fair Trial (Priestley 9)
On successful completion of this course, students will be able to:
1. Analyse principles of criminal responsibility, undertake self-directed legal research with primary and secondary materials, and analyse and evaluate legal information relating to criminal law and legal theory;
2. Apply criminal law to complex issues, and critique the operation of criminal law from both a policy and theoretical/principled perspective, both individually and as part of a team;
3. Structure and sustain concise and cohesive written and oral arguments for a legal and lay audience;
4. Develop oral and written arguments on issues relating to the drafting of new criminal laws and the application of existing criminal laws to common scenarios that arise in criminal practice;
5. Analyse the impact of criminal law from a policy perspective, with a focus on the impact on people who are vulnerable or outside the mainstream culture;
6. Reflect on their abilities to effectively undertake work as a member of a team as demonstrated by the preparation for an involvement in the group presentation.最新糖心Vlog Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
最新糖心Vlog Graduate Attribute Course Learning Outcome(s) Deep discipline knowledge
- informed and infused by cutting edge research, scaffolded throughout their program of studies
- acquired from personal interaction with research active educators, from year 1
- accredited or validated against national or international standards (for relevant programs)
1, 3, 4 Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
1, 2, 4, 5 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
6 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
4 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
5 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
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Learning Resources
Required Resources
David Caruso et al South 最新糖心Vlogn Criminal Law: Review and Critique (2nd ed, Lexis Nexis, 2016)
Criminal Law Consolidation Act 1935 (SA)
Summary Offences Act 1953 (SA)
Bail Act 1985 (SA)
Criminal Law Sentencing Act 1935 (SA)
Summary Procedure Act 1988 (SA)Online Learning
Selected course material will be made available on MyUni. This will include lecture guides, seminar topics, assessment information and instructions. Students are expected to check MyUni regularly to keep up to date with these materials and with course announcements. -
Learning & Teaching Activities
Learning & Teaching Modes
The course will be presented in 36 hours of lectures (12 x 2 hours and 12 x 1 hours), 24 seminar hours (12 x 2 hours) and at least 1 weekly hour of self-directed structured learning which will take the form of the Structured Course in Basic Ideas (SCBI).
Pedagogical Approach of the SCBI: The SCBI will entail independent, guided, structured learning, and will be linked into the main course through student presentations at weekly seminars.
Lectures and seminars commence in Week 1 and are presented weekly thereafter through weeks 1-12.
Students will be required to work collaboratively in the preparation and presentation of the oral presentation to their seminar group.
Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
Students in the course are expected to attend all lectures and are required to attend their weekly seminars as well as dedicate at least one hour per week to the Structured Course in Basic Ideas. The 最新糖心Vlog expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies. Preparation for seminars is essential. It is equally essential to ensure that you bring relevant legislation or other required discussion material to seminars and, when required, to lectures.Learning Activities Summary
Activity 1: Attendance at the 2 weekly lectures.
Activity 2: Attendance and participation in a two-hour weekly seminar, which will include one group oral presentation.
Activity 3: At least an hour per week engaged in the Structured Course in Basic Ideas (SCBI).
Aims of the SCBI: The aims of the SCBI are to develop in each student:
(a) a critical understanding of 12 basic ideas of criminal law by means of a directed and structured reading stream designed to develop independent learning
(b) critical skills in scholarly analysis as well as a comprehension of the basic ideas running through the substantive and procedural law in Criminal Law and Procedure
(c) the ability to undertake group work for the purpose of analysing an area of law and presenting the findings to a legal audience.
Directions and Tasks for the SCBI: There will be 12 structured readings accompanied by (a) written directions about how they are to be read, and (b) a set of questions that need to be addressed. In each seminar, students must independently identify, describe and criticise a basic idea in criminal law and procedure. The 12 Basic Ideas will correspond to the staged development of the rest of the course. (For example the structured reading on the Dishonesty Offences examines a scholarly work on the idea of dishonesty and its significance for these offences; the structured reading on Offences Against the Person examines the idea of consent to harm.) Oral Directions on the Structured Course in Ideas will also be given in the first seminar. At that time there there will be an opportunity for students to ask questions, receive preliminary guidance and for any related discussion. Thereafter, students will be expected to be self-directed and to proceed independently.
Expectations of the SCBI:
Each student is required to:
(a) dedicate at least one hour each week of their own time to reading the set SCBI reading, preparing answers to the guided questions, and contributing to discussion in seminars
(b) deliver one 20 minute presentation as part of a group of 3 students. The presentation should introduce and explain the relevant idea from the SCBI, address the set questions, apply it to the problems for that week, and engage the class in discussion.
The essay component of the exam will require a grasp of all 12 ideas and an appreciation of their significance and relationship to one another.Small Group Discovery Experience
Not applicable. -
Assessment
The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment Task % of final mark Dates Length Redeemable Learning Outcomes Attendance and satisfactory participation at seminars Pass/Fail weekly Individual No 1, 2, 3, 4, 5, 6 Presentation at seminars (group) 10% allocated in seminar 1 20 minutes No 1, 3, 4, 5, 6 Quiz 1 - Element and He Kaw Teh analysis 5% open 24th-25th March 15 minutes No 1, 2 Quiz 2 - Criminal Defences 5% open 19th-20th May 15 minutes No 1, 2 Assignment 20% Due: 14 April 2000 words YES (subject to conditions - see below) 1, 2, 3, 5 Exam 60% Exam Period 3 hours plus reading time - 1, 2, 3, 5 Assessment Related Requirements
Presentation mark – non redemption: A presentation mark is not redeemable.Assessment Detail
Group Presentation on Structured Course in Basic Ideas (SCBI) [10%] Compulsory, NOT redeemable
Each student will be required to deliver one 20 minute presentation as part of a group of 3 students. The presentations will take place at the beginning of each seminar and should introduce and explain the relevant idea from the SCBI, address the set questions, apply it to the problems for that week, and engage the class in discussion. Unless there are exceptional reasons, students who present together will be assigned the same mark. Exceptional reasons may include a failure to be present at the SCBI presentations of others.
Groups for presentations will be formed in the first seminar so students must attend week 1. If students miss week 1, they will have to seek to join a presentation group in the next week they attend. If all topics are already allocated to groups of 3 students, the student who missed week 1 may be precluded from delivering a presentation and be ineligible to receive a grade for the assessment task. Students will not be allocated to presentation groups outside of seminars.
A pass in the group presentation is not a prerequisite for passing Criminal Law and Procedure.
Critical Analysis Assignment [20%] Compulsory, Redeemable if it achieves a pass grade or a fail grade that is deemed to be a bona fide effort
The assignment will be made available, via MyUni, in Week 4 or 5. It will require research and/or critical analysis of:
• an issue in criminal law theory; or• recent or proposed criminal law legislation.The subject matter of the assignment will be drawn from the topics that will be examined in the final examination in Criminal Law and Procedure. The assignment will offer, however, an opportunity for a more reflective, research based consideration of the topic.
A pass in the assignment is not a prerequisite for passing Criminal Law and Procedure.
Online Element and He Kaw Teh Analysis Quiz 5%, Compulsory, NOT Redeemable
Each student will be required to complete a multiple-choice online MyUni quiz assessing their knowledge of the principles of element analysis; their ability to apply element analysis to a piece of unfamiliar legislation; their knowledge of the principles of He Kaw Teh analysis; their ability to apply He Kaw Teh analysis to a piece of unfamiliar legislation
Students will have 15 minutes to complete the quiz during a 48 hour period covering Friday 24 March and Saturday 25 March 2017.
A pass in the quiz is not a prerequisite for passing Criminal Law and Procedure.
Online Defences Quiz 5%, Compulsory, NOT Redeemable
Each student will be required to complete a multiple-choice online MyUni quiz assessing their knowledge of the main defences to crime; understanding of their underlying principles and justifications; appreciation of the commonalities and differences between the defences and where they may overlap; ability to apply this knowledge to a fact situation.
Students will have 15 minutes to complete the quiz during a 48 hour period covering Friday 19 May and Saturday 20 May 2017.
A pass in the quiz is not a prerequisite for passing Criminal Law and Procedure.
Examination [60%]
There will be a three hour, open book examination.
It is each student's responsibility to read the examination timetable. Misreading the timetable is not accepted as grounds for granting a replacement exam. The exam will be an open-book examination, excluding material borrowed from the Barr-Smith or Law libraries. It will consist of three questions, all of which must be answered, as follows:
2 Problem questions which will combine the substantive and procedural law
1 Essay question. A choice of topics will be offered.
The requirements of the paper ensure that a pass in the examination will demonstrate that the candidate has attained an acceptable level of knowledge of the elements of criminal law and procedure required for admission to practice.
A pass in the exam is not a prerequisite for passing Criminal Law and Procedure.
Assessment criteria:
Papers will be graded according to the level to which they demonstrate capacity for:
• Comprehension of common law doctrine, legal theory and techniques of statutory interpretation in the criminal law;• Application of common law doctrine and techniques of analysis and statutory interpretation to problems set for discussion;• Comprehension and application of principles of criminal procedure to the prosecution and trial of a selection of substantive offences;
• Clarity in presentation and expression of criminal law concepts and capacity to present a conclusion supported by reasons;
• Critical analysis of existing law and proposals for reform of the lawSubmission
Submission of Assignments
• Submissions are due no later than 2:00pm on the due date. All assignments must be submitted electronically via Turnitin. This means that all papers will be electronically checked for plagiarism.
• Students must retain a copy of any assignment submitted.
• Students must not submit an assignment that consists entirely or in part of material that has been previously submitted for this course or another course without the approval of the Course Coordinator.Return of Assignments:
• Extensions are available only on compelling medical and compassionate grounds in accordance with existing Law School policies.
Assignments will be returned within 3-4 weeks of the due date for submission of the assignment
Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.
Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Approval of Results by Board of Examiners
Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the 最新糖心Vlog are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.Final results for this course will be made available through .
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Student Feedback
The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
- Academic Integrity for Students
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- Students with a Disability - Alternative academic arrangements
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The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.
For more information please check out the Writing Centre website at
Lex Salus Program
Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the 最新糖心Vlog that can provide help. Research shows that law students, both in 最新糖心Vlog and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
Counselling Service
The 最新糖心Vlog Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at /counselling_centre/. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
Plagiarism and other forms of cheating
Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the 最新糖心Vlog.
Plagiarism is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to refuse to admit a person to practice as a legal practitioner in South 最新糖心Vlog.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
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Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.
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