The aim of this course is to provide an opportunity for students to:

• be familiar with the sentencing process and 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 sentencing legislation and case law that guides the exercise of the sentencing discretion in State, Territory and Commonwealth jurisdictions;
• facilitate the development of oral and written presentation, discussion and argumentation skills in relation to sentencing law, process, policy and reform.

The course will take a practical, doctrinal, theoretical and critical approach to the study of sentencing law and practice in Australia. The course will familiarise students with legislation and case law that guides the exercise of the sentencing discretion in State, Territory and Commonwealth jurisdictions. A comparative approach will be adopted to facilitate a deeper analysis of emerging issues and core topics. Guest lectures and/or interviews 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 Indigenous offenders, sentencing federal offenders, custodial sentencing, non-custodial sentencing, sentencing appeals as well as sentencing reform and innovation.

Learning Outcomes

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

1. Identify, explain, critically analyse and apply the sentencing law, purposes, principles and processes covered in the course;
2. Explore and synthesise issues relating to sentencing law and practice and prepare oral and written arguments on the topic, issue or debate covered;
3. 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;
4. Synthesise and critically evaluate the theory, law and practice of sentencing, including arguments for reform and innovation;

Research-Led Teaching

Associate Professor Anthony Hopkins is a Special Magistrate who sits with Elders in the ACT Galambany Circle Sentencing Court. Before his appointment to the bench, Anthony was a criminal defence barrister, having commenced his career at the Central Australian Aboriginal Legal Aid Service (now the North Australian Aboriginal Justice Agency). He has an established track record of research scholarship (including PhD) and professional and community engagement focused on sentencing and criminal justice law reform. The course will draw upon the expertise of judicial officers, practitioners and internationally recognised academics in the field.

Field Trips

There is no formal field trips in this course. However, all students are strongly encouraged to attend the Supreme Court of the Australian Capital Territory to observe the conduct of a sentencing hearing. Observation of a sentencing hearing will support students to develop their understanding of sentencing principles and process and to complete the sentencing submission assessment in role as prosecution of defence counsel.

Additional Course Costs

There are no additional class costs.

Required Resources

Prescribed Text:

• Bagaric, Mirko, Theo Alexander and Richard Edney, Sentencing in Australia (Thomson Reuters, 10th ed, 2022). Students may also obtain or refer to the 8th or 9th edition of the text. 

Required Legislation:

• Crimes (Sentencing) Act 2005 (ACT)

Recommended Resources

A full list of readings/E brick will be made available on Wattle two weeks prior to the course commencement date.

Staff Feedback

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

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc
• via rubric

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

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

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

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to Sentencing, Punishment and Imprisonment	Due to the dialogic nature of this course, classes will NOT be recorded. This course will be taught entirely in-person. It is NOT possible to complete this course online. Students are expected to attend all classes in-person.
2	Purposes of Sentencing, Principles and Proportionality
3	Sentencing Considerations, Instinctive Synthesis and Appeals
4	Sentencing Hearings, Roles and Ethical Responsibilities
5	Aggravating and Mitigating Factors 1
6	Aggravating and Mitigating Factors 2
7	Therapeutic Jurisprudence, Compassion and Solution Focused Courts
8	Indigenous Experience in Sentencing and Indigenous Sentencing Courts
9	Victim/Survivors in Sentencing and Restorative Justice
10	Young Offenders
11	Beyond the Prison: Abolition, Justice Reinvestment and Radical Law Reform
12	Weaving the threads together: research and reflection workshop

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 so they can better plan their time. Find out more on the Timetable webpage

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Sentencing Submission	30 %	04/09/2023	18/09/2023	1,2,3,4
Reflection on Sentencing Submission	10 %	05/09/2023	18/09/2023	1,2,3,4
Online Discussion Forum Posts	10 %	*	30/10/2023	1,2,3,4
Research Essay	50 %	02/11/2023	*	1,2,3,4

* 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
• Special Assessment Consideration Guideline and General Information 
• 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

Seminars are delivered in-person only and will not be recorded. There is no participation mark for this course. However, it is expected that students will attend and participate in weekly seminars which are designed to support student learning and reflective engagement, as well as to prepare students for assessment tasks. Students will be required to post a reflection on seminar learning and its impact upon them after 5 out of the 6 seminars held in Weeks 7-12 (see Assessment Task 3).

Examination(s)

There is no final examination for this course.

Assessment Task 1

Sentencing Submission

Details of Task: The Sentencing Submission assessment requires each student to make an audio visual recording of themselves making a sentencing submission in the role as counsel for the prosecution or defence in a mock (imagined) ACT Supreme Court sentencing hearing on behalf of the prosecution or an offender by reference to a provided sentencing brief (case file). Students will need to choose from a small number of case files, which will be provided to them in the first week of the semester. In addition to uploading an audio visual recording of their submission, students are also required to submit a one page list of authorities.

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: 31 July 2023

Time/Word Limit: 8 minutes maximum plus one page list of authorities. Where a student uploads a submission recording that exceeds 8 minutes, only the first 8 minutes of that recording will be marked.

Due Date: 5pm, 4 September 2023 via Wattle. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: 18 September 2023

Assessment Criteria: A complete assessment rubric and the details of this assessment task will be made available on Wattle:

• Presentation, organisation, structure, delivery, manner and role simulation (including ethics);
• Identification and synthesis of facts and issues arising from sentencing brief;
• Identification and application of relevant sentencing law, purposes, principles and processes; and
• Quality and persuasiveness of sentencing submission including with respect to penalty/disposition.

Assessment Task 2

Reflection on Sentencing Submission

Details of Task: The Reflection on Sentencing Submission assessment requires each student to submit a written reflection on their experience of making a sentencing submission in the role as counsel for the prosecution or defence. The reflection will require students to link their experience to personal and professional values, to connect their experience with any relevant concepts, theories and ethical responsibilities and to articulate insights and understandings about themselves.

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

Weighting: 10%

Word Limit: 500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: 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. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 5 September 2023 via Wattle. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: 18 September 2023

Assessment Criteria: A complete assessment rubric and the details of this assessment task will be made available on Wattle:

• Links experience to personal and professional values;
• Connection to concepts, theories and ethical responsibilities; and
• Evidence of development.

Assessment Task 3

Online Discussion Forum Posts

Details of Task: Students are required to contribute 1 post per week to an online discussion forum following 5 of the 6 seminars running between Week 7 and Week 12. These posts must be reflections related to a student's experience in the seminar, not simply upon the readings for the relevant week. In other words, students cannot post a reflection relating to a seminar they did not attend. This assessment is designed to highlight the importance of seminar engagement to learning and to enable students to consider, reflect upon and share ways in which what they have heard during a seminar, whether in large or small group discussions, has challenged their preconceptions and altered or reinforced their thinking about a topic.

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

Weighting: 10%

Word Limit: 100 words per post (for 5 out of 6 weeks between Week 7 and Week 12). The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Due Date: 5pm on the day of the seminar to which the post relates. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 30 October 2023

Assessment Criteria: A complete assessment rubric and the details of this assessment task will be made available on Wattle:

• Relevance and quality of post (connection with topic and seminar discussion, as well as impact on preconceptions); and
• Contribution to shared learning and learning environment.

Assessment Task 4

Research Essay

Details of Task: Students are to select from a range of research essay topics/questions and write a research essay that critically engages with an aspect of the theory, law or practice of sentencing, including arguments for reform and innovation. Students may also develop their own research essay topic or question, subject to approval being given by the convenor.

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

Weighting: 50%

Release: 18 September 2023

Word Limit: 2500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: 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. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 2 November 2023. Late submission (without an extension) is permitted, although late penalties will apply.

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

Assessment Criteria: A complete assessment rubric and the details of this assessment task will be made available on Wattle:

• Articulation of research question/problem being addressed and its importance;
• Persuasiveness of argument in response to question or problem;
• Structure and logical development;
• Quality of critical analysis;
• Breadth and depth of relevant research;
• Quality of written expression; and
• Referencing and compliance with AGLC

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. 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.

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