This course introduces students to the sources of law which define principles of criminal responsibility, and to substantive criminal offences, criminal defences and criminal procedure.

The substantive offences include assault, sexual assault, murder, manslaughter, and property offences, and the criminal defences include provocation and self-defence.

This course will provide students with an understanding of:

• Key legal theories of criminal law;
• Common law sources; and
• Legislation and criminal codes where relevant.

The lecture program will be supported by problem-solving tutorials and live workshops, aimed at enabling students to give legal advice as to criminal liability and the resolution of procedural problems and to consider significant issues such as Indigenous Peoples’ experiences of the criminal justice system and their over-representation in the prison system in Australia.

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Criminal Law and Procedure. 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise and evaluate the principles of criminal law and procedure.
2. Evaluate and apply a range of legally specific research principles, methods, primary legal resources, and tools to develop solutions to criminal law problems in the context of advising a client.
3. Work both independently and collaboratively, as required, to solve criminal law problems and communicate professional decisions to variety of legal and non-legal audiences in a range of oral or written formats.
4. Critically evaluate the social and ethical effects of criminal law on society and propose legal, policy, and practical reforms in response which recognise and value diverse cultures and traditions.
5. Research and reflect on theoretical propositions and contemporary issues and developments in criminal law practice and procedure.

Required Resources

Howie, Roderick, Paul Sattler and Marissa Hood, Hayes and Eburn Criminal Law and Procedure in New South Wales (LexisNexis, 7th ed, 2022). A full list of readings will also be made available on Wattle two weeks prior to the course commencement date.

Recommended Resources

Simon Bronitt and Bernadette McSherry, Principles of Criminal Law (4th edn, Thomson Reuters, 2017).

Staff Feedback

Students will receive written feedback on their assessment tasks (criminal procedure essay and final exam). They will also be continuously provided feedback on their criminal law problem-solving techniques as part of this course's problem-based tutorial program.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lecture: Introduction to the course: content; structure and assessment Aims of criminal law Elements of crime	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided. 3 hours
2	Lecture: Criminal procedure (1)	2 hours
3	Lecture: Criminal procedure (2)	2 hours*Note: Tutorials commence in Week 3
4	Lecture: Murder	2 hours
5	Lecture: Manslaughter	2 hours
6	Lecture: Assault	2 hours
7	Lecture: Sexual assault	2 hours
8	Lecture: Complicity	2 hours
9	Lecture: Defences (1)	2 hours
10	Lecture: Defences (2)	2 hours
11	Lecture: Commonwealth criminal law	2 hours
12	Lecture: Theft (Commonwealth Criminal Code) Revision and exam preparation session	3 hours

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Multiple-Choice Quiz	0 %	*	*	1
Tutorial Participation	10 %	*	*	1,2,3,4,5
Criminal Procedure: Problem Question	40 %	27/03/2024	01/05/2024	1,2
Final Examination	50 %	*	*	1,2,3

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all lectures and tutorials and actively contribute to the discussion in tutorials. There will be a tutorial participation mark worth 10% of the total course mark.

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

Examinations are held during the University's examination period. Students are to consult the exam timetable when it has been finalised.

Assessment Task 1

Multiple-Choice Quiz

Details of Task: The quiz will consist of multiple-choice questions about the definition of crime, aims of criminal law and elements of crime.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%.

Release: 12pm, Thursday 21 March 2024.

Due Date: The optional online quiz will remain open until the end of Week 6. As this quiz is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated Return Date: Results are available immediately upon completion of quiz.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Tutorial Participation

Details of Task: Students will be required to contribute to discussions in tutorials.

Weighting: 10%.

Assessment Criteria: Assessment rubric available on Wattle.

Estimated Return Date: Official end of semester results release date via Turnitin.

Assessment Task 3

Criminal Procedure: Problem Question

Details of Task: Students will be presented with a factual scenario and asked to advise on applicable criminal procedure laws.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 40%.

Release: 12pm, Monday 25 March 2024.

Due Date: 5pm, Wednesday 27 March 2024. Late submissions (without an extension) are permitted, but late penalties will apply.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date.

Word Limit: 2,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Footnote references are included in the overall word limit.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Estimated Return Date: Wednesday 1 May 2024.

Assessment Criteria: Assessment Rubric available on Wattle

Assessment Task 4

Final Examination

Details of Task: There will be an examination consisting of problem at the end of the course. The final examination will cover everything in the course except for criminal procedure and non-examinable content (sexual assault and constructive murder).

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Timing: The examination will be released via Wattle. Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam.

Duration: 3 hours.

Weighting: 50%

Word Limit: There is no word limit.

Estimated Return Date: Official end of semester results release date via Turnitin. 

Assessment Criteria:

•  Logical organisation and use of the HIRAC approach (taking account of exam conditions);

•  Economy of answer (taking account of exam conditions);

•  Identification of issues and discussion and application of relevant legal principles (taking account of exam conditions);

•  Formulation of relevant legal arguments (taking account of exam conditions);

•  Clarity and precision (taking account of exam conditions).

•  This assessment task will be supported by the use of an exam problem question assessment marking rubric based on the above criteria. After final results are released, feedback will be available via Turnitin on WATTLE.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students