The aim of this course is to provide an opportunity for students to:
- be familiar with key theories, legal rules and policy issues relating to sentencing in Australia;
- consolidate and build upon the skills and knowledge gained during their study of Criminal Law and Procedure;
- be familiar with the Crimes (Sentencing Procedure) Act 1999 (NSW);
- be familiar with Part 1B of the Crimes Act 1914 (Cth);
- facilitate the development of oral and written presentation, discussion and argumentation skills in relation to sentencing law and policy.
The course will take a theoretical and doctrinal approach to sentencing law and practice in Australia. The course will familiarise students with sentencing law in NSW. However, a comparative approach will be adopted to facilitate a deeper analysis of emerging issues and core topics. Guest lectures may be offered. Topics will be selected from a range of aspects of sentencing law and practice which may include: theories of punishment, public opinion and public confidence, the role of victims in sentencing, purposes of sentencing, principles of sentencing; mitigating and aggravating factors, sentencing young offenders, sentencing federal offenders, sentencing indigenous offenders, custodial sentencing, non-custodial sentencing, sentencing appeals and sentencing reform.
Upon successful completion, students will have the knowledge and skills to:
- Identify, explain, critically analyse and apply the sentencing law covered in the course;
- Explore and synthesise issues relating to sentencing and prepare oral and written arguments for a legal generalist audience on the topic, issue or debate covered;
- Use legal research skills, and interdisciplinary research skills to, access a range of legal materials and other research materials in literature databases and other online sources;
- Synthesise and critically evaluate the theory, law and practice of sentencing;
Classes may be offered in non-standard sessions and be taught on an intensive base with compulsory contact hours (a minimum of 36 hours). Please refer to the LLB timetable for dates. Please contact the ANU College of Law Student Administration Services to request a permission code to enrol in classes offered in non-standard sessions.
- Self-test Online Quiz (0) [LO 1]
- Tutorial Presentation (10) [LO 1,2,3,4]
- Research Paper (based on tutorial presentation) (60) [LO 1,2,3,4]
- Final Exam (30) [LO 1,2,4]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.
Requisite and Incompatibility
Stephen Odgers, Sentence: The Law of Sentencing in NSW Courts for State and Federal Offences (Longueville Books, 4th ed, 2018) [ISBN 9780648171973]
Student will need to access the Crimes (Sentencing Procedure) Act 1999 (NSW) via NSW Legislation https://www.legislation.nsw.gov.au/#/
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.