This course introduces students to the sources of law which define general principles of criminal responsibility, and to a selection of substantive criminal offences and criminal defences as well as to criminal procedure. The substantive offences include assault, sexual assault, murder, manslaughter, and property offences, whilst the criminal defences include provocation and self-defence. Students will be exposed to common law sources as well as legislation and criminal codes where relevant. Key legal theories of the criminal law will also be introduced. The lecture program is supported by interactive seminars that enable students both to engage with the application of legal principles to set fact scenarios and to consider issues of policy and law reform related to the substantive and procedural law that they are studying.

Learning Outcomes

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

1. Define and contrast key features of the NSW common law and the ACT criminal law (namely offences, defences, arguments in defence and general principles of criminal responsibility);
2. Formulate and integrate substantive and procedural law arguments;
3. define, explain, distinguish and apply relevant legal principles to a set of facts (ie identifying legal issues in a factual scenario, accurately explaining and applying the relevant legal principles to those facts and using appropriate skills of legal reasoning and argumentation to generate a legally sustainable conclusion);
4. Do so (see the point above) both orally and in written form;
5. Demonstrate familiarity with relevant legislation, case law and other course readings;
6. Demonstrate precision and conciseness in formulating precise statements of legal principle;
7. Work collaboratively with team members and peer assess the performance of fellow team members;
8. Contribute to the learning of others (through teamwork, regular attendance at tutorials and contribution to tutorial discussions);
9. Demonstrate a capacity to discriminate between problematic and non-problematic legal issues embedded in a set of facts;
10. Reflect critically on and synthesise the more important policy and law reform debates in the context of theoretical debates as raised by the modern criminal law;
11. Research and apply knowledge derived from the course content and readings with autonomy, judgment and adaptability in order to develop a sustainable analysis or argument concerning particular topics, issues or debates relating to NSW criminal law.

Research-Led Teaching

Criminal law is a dynamic and constantly changing area of the law. Research in this field cuts across disciplines and includes research in psychology, sociology, criminology, race theory, feminist theory, legal history.

In this course we look not only at the basic concepts of criminal responsibility and core offences and defences but we also explore the political influences upon the law and explore topical social and legal debates occurring within the field of criminal law. Lecturers in this course will bring their research findings and expertise in this diverse field of law into the classroom. The prescribed text, Bronitt and McSherry, Principles of Criminal Law (4th ed, Pyrmont: Lawbook Co, 2017) has been specifically chosen as it accommodates a wider framework for the study of Criminal Law and Procedure.

Required Resources

S Bronitt and B McSherry, Principles of Criminal Law (4th Edition, Pyrmont: Lawbook Co, 2017).

Recommended Resources

RN Howie and PA Johnson, Annotated Criminal Legislation New South Wales 2018- 2019 edition (Lexis Nexis).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

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

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

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

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

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: 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 details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	3 hours lecture (MN): Course Introduction; Constructing the Criminal Law; Indigenous People and the Criminal Justice System; Principles of Criminal Responsibility Tutorial enrolment closes on WATTLE 12 noon Thurs 28 Feb No tutorial
2	3 hours lecture (MN & WKS): Principles of Criminal Responsibility continued; Strict and Absolute Liability; Public Order Offences. The Relationship between Criminal Law and Procedure; Selected Principles and Aspects of Criminal Procedure No tutorial
3	2 hours lecture (WKS): Selected Principles and Aspects of Criminal Procedure 1 hour tutorial: Introductory tutorial	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
4	2 hours lecture (WKS): Murder 1 hour tutorial: Strict and Absolute Liability	Quiz released noon Tues 19 March and due noon Fri 22 March Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
5	2 hours lecture (WKS): Manslaughter Offences 1 hour tutorial: Murder	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
6	2 hours lecture (MN): Assault Offences 1 hour tutorial: Manslaughter	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
7	2 hours lecture (WKS): Sexual Assault 1 hour tutorial: Assault	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
8	2 hours lecture (WKS): Complicity 1 hour tutorial: Sexual Assault	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
9	2 hours lecture (MN): Defences 1 hour tutorial: Complicity	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
10	2 hours lecture (MN): Defences 1 hour tutorial: Exam preparation tutorial	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
11	2 hours lecture (MN): Code Jurisdictions & Property Offences (ACT) 1 hour tutorial: Defences	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.
12	2 hours lecture (MN): Property Offences (ACT) (Continued) 1 hour tutorial: Property Offences	Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.

Tutorial Registration

You need to enrol in a 1 hour online Adobe Connect tutorial group via the WATTLE website. You will be contacted by email for some timing preferences. At least 50% of the tutorial enrolment times will be made available online on WATTLE from February 12 and your tutorial enrolment must be finalised between 12 noon Thursday 21 Feb (O- Week) and noon on Thursday 28 February (Week 1). The onus is on you to get yourself sorted during that period. You can swap in and out of groups while enrolment is open but be aware that spots in some tutorials may go quickly.

If you have not enrolled in a tutorial group by noon on Thursday 28 February you will need to contact the Convenor to be manually placed in a tutorial group. Your class options will be very limited at this point and you will be offered a spot in a tutorial group which is not yet full. For the duration of the course, you are not permitted to attend a tutorial group which you are not formally enrolled in.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Tutorial Attendance	0 %	31/05/2019	04/07/2019	4, 7, 8, 9, 10
WATTLE Quiz	30 %	22/03/2019	05/04/2019	1, 2, 3, 4, 5, 6, 9,11
Take-home Examination	50 %	10/06/2019	04/07/2019	1, 2, 3, 4, 5, 6, 9, 10, 11
Tutorial leading	10 %	31/05/2019	04/07/2019	4, 7, 8, 9, 10
Oral exam	10 %	14/06/2019	04/07/2019	1, 2, 3, 4, 5, 6, 9, 10, 11

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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

There is a minimum attendance requirement for the JD tutorials in this course. The penalty for not meeting the minimum attendance requirement is 5%, that is, 5 marks (out of the 100 marks available) will be deducted from the student’s overall mark.

Examination(s)

Please note that there is an exam in this course. The date in the assessment summary is indicative only. Students should rely on the date and time published through the Examinations timetable.

Assessment Task 1

Tutorial Attendance

Details of Task: The minimum attendance rule is primarily designed to ensure that all students fully and actively engage with the material in this course. Seminar attendance and participation also gives students confidence with criminal law problem solving and with orally presenting ideas, arguments and approaches. It also allows students to receive immediate feedback in class. A stated objective and expected learning outcome of the course is that students contribute to the learning of others. Regular attendance and participation is required so that this and the other objectives in the list above can be pursued. In addition to crafting legal analysis of criminal liability, all students in all seminars will also be encouraged to engage in critical discussion aimed at debating the purposes and values of the criminal law.

Nature of Task: Compulsory. Failure to attend at least 8 of the 10 tutorials scheduled in this course may lead to a 5% penalty.

Weighting: A possible penalty of 5 marks (out of a course mark of 100).

Due Date: Ongoing. The minimum attendance rule is that students who miss more than 2 of the 10 compulsory tutorials without documented illness or special circumstances will receive a penalty of 5 marks.

Estimated Return Date: After results are released.

Assessment Criteria: The 5 mark penalty for missing more than two tutorial (except in extenuating and exceptional circumstances which are supported by documentation) reflects the importance of tutorial attendance for the development of the skills assessed in this course and the time given by tutors who are often practitioners.

Assessment Task 2

WATTLE Quiz

Details of task: Multiple choice (7 questions) and short answer (3 questions) exam testing aspects for principles of criminal responsibility and procedural law. Compulsory and NOT redeemable. The consequence of non-completion of this assessment task is 0 marks awarded for this assessment task. The quiz tests basic knowledge of principles of criminal responsibility and procedural law as taught in the course in Weeks 1-3. There will be a problem scenario upon which some of the multiple choice quiz questions will be based, the other multiple choice questions will test knowledge of statutory provisions and case law relating to principles of criminal responsibility and procedural law. The short answer questions may allow for very short critical comment as well as answers which display an understanding of the relevant law.

Nature of task: Compulsory. Failure to complete the quiz will mean a 0 for this task.

Weighting: 30%

Release Date: A problem scenario upon which some of the multiple choice quiz questions will be based will be released at 12 noon on Fri 15 March (Week 3). Quiz will be available on 12 noon on Tuesday 19 March via WATTLE.

Due Date: 12 noon on Friday 22 March via WATTLE. Late submissions (without an extensions) will not be accepted. Extensions will not be granted past 3 April 2019.

Duration: Once the quiz opens students can login at any time within the assessment window and complete the quiz. Each student will have 30 mins once logged on to complete the quiz and all questions will appear in one scrollable window as soon as you have logged into the quiz. Note that each student can access the quiz only once and for a maximum period of 30 minutes.

Estimated return date: Each student’s 10% score for the quiz will be available on WATTLE by the end of Week 6. 

Assessment Criteria: The quiz is designed to enhance student competence in the following skills: statutory interpretation (especially elements analysis), legal problem-solving, critical and analytical thinking, creative thinking, legal argument, working independently. Each student will be marked as correct or incorrect for each of the 10 questions (randomly generated and ordered from a larger bank of questions meaning students will receive some different questions each).

Assessment Task 3

Take-home Examination

Details of Task: There will be a final take-home exam at the end of the course. The final exam covers everything in the course except criminal procedure will not be re-examined.

Nature of Task: Compulsory and NOT redeemable. The consequence of non- completion of this assessment task is 0 marks awarded for this assessment task.

Weighting: 50%

Release date: During the final examination period. Date and time TBC. Please note that the dates and times in the assessment summary are indicative only and students should consult the Examinations timetable when it has been released.

Due date: During the final exam period via Turnitin.

Duration:  Exam will be available for 6 hours and it is expected that you spend 2 hours at least writing the answers to two questions.

Estimated return date:  After final results are released via Turnitin.

Assessment Criteria for the Problem Question:

1. Organisation of answer, particularly re logical organisation and sound HIRAC methodology (taking account of exam conditions);
2. Economy of answer (taking account of exam conditions);
3. Identification of issues and discussion and application of relevant legal principles (taking account of exam conditions);
4. Formulation of relevant legal arguments (taking account of exam conditions);
5. Issues of clarity and precision/accuracy (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 as rows in a matrix with the matrix columns including qualitative descriptions of “poor”, “unsatisfactory”, “satisfactory”, “good” and “very good/excellent”. The rubric will be included as feedback in your hard copy exam script book when marked exam booklets are available for collection.

Assessment Task 4

Tutorial leading

Details of task: Each student will join a group for one tutorial during the semester and lead the first 15 minutes of the tutorial with issue spotting and basic HIRAC reasoning before that attempt will be refined and discussed.

Nature of Task: The consequence of non- completion of this assessment task is 0 marks awarded for this assessment task.

Weighting: 10%. All students in the group will be awarded the same mark unless consensual peer assessments of group performance suggest that awarding a different mark for an individual group member is warranted.

Due Date: One tutorial during semester. Please note, that the dates used in the Assessment Summary in relation to this assessment indicate approximate timeframes. Students should consult their convenor to confirm the date, time and venue of this assessment.

Estimated return date: Marks and feedback will be given in the week following the tutorial leading by the group.

Assessment Criteria: The group's performance in the leading the tutorial will be assessed based on the following criteria:

1. Organisation of answer, particularly re logical organisation and sound HIRAC methodology;
2. Economy of answer;
3. Identification of issues and discussion and application of relevant legal principles;
4. Application of relevant legal principles;
5. Issues of clarity and precision/accuracy;
6. Quality of oral presentation;
7. Teamwork.

Assessment Task 5

Oral exam

Nature of Task: Each student will have a 15 minute oral exam scheduled shortly after they complete their take-home exam. A member of teaching staff will have an online video call with the student and ask questions to probe knowledge and to allow the student to explain their take-home answer in terms of arguments made, issues spotted and choices made by the student when formulating their legal analysis. The consequence of non- completion of this assessment task is 0 marks awarded for this assessment task.

Weighting: 10%

Due Date: Between 11 - 14 June 2019. Please note, that the dates used in the Assessment Summary in relation to this assessment indicate approximate timeframes. Students should consult their convenor to confirm the date, time and venue of this assessment. Late submissions (without an extension) are not permitted.

Estimated return date: After final results are released via WATTLE.

Assessment Criteria: The quality of the oral exam performance will be assessed against the following critieria:

1. Organisation of answer, particularly re logical organisation and sound HIRAC methodology;
2. Economy of answer;
3. Identification of issues and discussion and application of relevant legal principles;
4. Application of relevant legal principles;
5. Issues of clarity and precision/accuracy;
6. Quality of oral responses.
7. Reflection on policy implications.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

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 take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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.

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 Diversity 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 undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students