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, and 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, and 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 own research findings and expertise in this diverse field of law into the classroom.

Required Resources

D. Brown, D. Farrier, L. McNamara, A. Steel, M. Grewcock, J. Quilter, M. Schwartz, T. Anthony, A. Loughnan, (2020) Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 7th Edition, Australia: Federation Press. 

Recommended Resources

R.N. Howie and P.A. Johnson, Annotated Criminal Legislation New South Wales 2020-2021 edition (Lexis Nexis, updated yearly). ISBN: 9780409352832

Staff Feedback

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

• Grade - for Assessment Task 1
• Grade - for Assessment Task 2
• Verbal Comments during tutorials
• Grade, written comments/rubric for Assessment Task 3
• Feedback to the whole class, to groups, to individuals during tutorials and live sessions.

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

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

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: 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 for announcements and update to this information.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lecture: Introduction to the Unit Criminal Law and Criminal Procedure: Overview Indigenous peoples and the criminal justice system The lecture is on 21 February 2022.	1 Hour 1 Hour 1 Hour
2	Lecture: Criminal Responsibility Criminal Procedure The lecture is on 28 February 2022.	3 Hours
3	Lecture: Revision Session for Quiz 1 and Assessment Preparation Compulsory Workshop linked to Assessment Task 2: Online Multiple Choice Indigenous Experience in Sentencing Assessment The lecture is on 7 March 2022.	1 Hour - live session and recorded 1 Hour - live session and recorded *Note: Weekly Tutorials Commence Week 3
4	Lecture: Murder The lecture is on 14 March 2022.	2 Hours
5	Lecture: Manslaughter The lecture is on 21 March 2022.	2 Hours
6	Lecture: Assault The lecture is on 28 March 2022.	2 Hours
7	Lecture: Complicity The lecture is on 19 April 2022.	2 Hours
8	Lecture: Sexual Assault Guest Session: Exam focused The lecture is on 26 April 2022.	2 Hours 1 Hour
9	Lecture: Defences The lecture is on 2 May 2022.	2 Hours
10	Lecture: Defences Continued The lecture is on 9 May 2022.	2 Hours
11	Lecture: Code Jurisdictions and Property Offences (ACT) The lecture is on 16 May 2022.	2 Hours
12	Lecture: Property Offences Continued Revision Session and Examination Preparations The lecture is on 23 May 2022.	2 Hours 1 hour - live session and recorded

Tutorial Registration

You must enrol in a tutorial group via the WATTLE website. Tutorial enrolment will be available online on WATTLE from 9am Monday 7th February 2022.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 1: Online Multiple Choice Criminal Procedure and Principles Assessment	30 %	25/03/2022	04/04/2022	1,2,3,4,5,6,9,10
Quiz 2: Online Multiple Choice Indigenous Experience in Sentencing Assessment	10 %	01/04/2022	11/04/2022	1,5,9,10
Final Examination	60 %	*	*	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 Academic Integrity . 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 classes.

Examination(s)

Please note, that the dates used in the Assessment Summary in relation to exams indicate approximate timeframes. Students should consult the ANU final examination timetable to confirm the date, time and venue of the exam.

Assessment Task 1

Quiz 1: Online Multiple Choice Criminal Procedure and Principles Assessment

Details of task: WATTLE Quiz to test knowledge acquired in weeks 1-3 of the Course including criminal procedural law (all material taught in weeks 1-3 is examinable). 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 problem scenario upon which some of the questions are based will be released on WATTLE on Monday 14th March 2022 for pre-reading.

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

Weighting: 30%.

Release of problem question: 12pm Monday 14 March 2022

Release of quiz questions: 2pm Friday 25 March 2022 via WATTLE

Due date: 5pm on Friday 25 March 2022 via WATTLE. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the ANU College of Law Student and Education Services here: https://law.anu.edu.au/forms/assessment-extension-request.

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Duration: 1 hour. Once you log into the quiz, you will have 1 hour to complete it. The quiz will finish automatically after 1 hour and any open attempts will automatically close and be submitted by the due date and time so please allow sufficient time to complete the quiz.

Estimated return date: 04 April 2022

Assessment Criteria: This assessment task will not be supported by a marking rubric. Each student will be marked as correct or incorrect for each of the WATTLE Quiz questions they have answered during the duration of the WATTLE Quiz.

Assessment Task 2

Quiz 2: Online Multiple Choice Indigenous Experience in Sentencing Assessment

Details of task: The online multiple choice assessment will test knowledge acquired and critical thinking developed through attending a compulsory workshop and completing associated reading on taking Indigenous experience, voice and perspective into account in sentencing. Students will be required read the High Court decision of Bugmy v R [2013] HCA 37 together with the rewritten and reimagined decision contained in the Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making text as a foundation for the workshop and the assessment.   Students are expected to have attended the workshop and engaged with the materials and set tasks. The questions will relate to workshop and reading content.

Nature of task: Compulsory and NOT redeemable. The consequence of non-completion of this assessment task is a 0 mark for this assessment task.

Weighting: 10%.

Release of quiz questions: 1pm Friday 1 April via WATTLE

Due date: 4pm Friday 1 April via WATTLE. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension to the ANU College of Law Student and Education Services here: https://law.anu.edu.au/forms/assessment-extension-request.

The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Duration: 1 hour. Once you log into the quiz, you will have 1 hour to complete it. The quiz will finish automatically after 1 hour and any open attempts will automatically close and be submitted by the due date and time so please allow sufficient time to complete the quiz.

Estimated return date: 11 April 2022

Assessment Criteria: This assessment task will not be supported by a marking rubric. Each student will be marked as correct or incorrect for each of the WATTLE Quiz questions they have answered during the duration of the WATTLE Quiz.

Assessment Task 3

Final Examination

Details of task: There will be an online examination consisting of problem at the end of the course. The final examination will cover everything in the course, except for criminal procedure.

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: 60%

Word limit: While there is no word limit for this exam, the approximate expected word range for this task is 3,000 words. You are strongly advised not to exceed this range. Succinct legal reasoning that is to the point and does not include irrelevancies or long sections of cut and pasted text is more persuasive and will be rewarded. Marks will be reduced for answers that are unnecessarily long.

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

Assessment Criteria:

•  Organisation of answer, particularly re logical organisation and sound HIRAC methodology (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);

•  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. 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. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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). Any hard copy submissions must use 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 given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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. 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.

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