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.

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 fundamental principles of criminal law and procedure in order to formulate and justify substantive and procedural law arguments and conclusions.
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 culture and traditions.
5. Research and reflect on theoretical propositions and contemporary issues and developments in criminal law practice and procedure.

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). 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

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 syste	3 Hours
2	Lecture: Criminal Responsibility Criminal Procedure	3 Hours
3	Lecture: Revision Session for Quiz 1 and Assessment Preparation Compulsory Workshop linked to Assessment Task 2: Indigenous Experience in Sentencing Short Essay	2 Hours *Note: Weekly Tutorials Commence Week 3
4	Lecture: Murder	2 Hours
5	Lecture: Manslaughter	2 Hours
6	Lecture: Assault	2 Hours
7	Lecture: Complicity	2 Hours
8	Lecture: Sexual Assault	2 Hours
9	Lecture: Defences	2 Hours
10	Lecture: Defences Continued	2 Hours
11	Lecture: Code Jurisdictions and Property Offences (ACT)	2 Hours
12	Lecture: Property Offences Continued	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 so they can better plan their time.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz 1: Online Multiple Choice Criminal Procedure and Principles Assessment	20 %	21/03/2023	29/03/2023	1
Indigenous Experience in Sentencing Short Essay	30 %	03/04/2023	01/05/2023	1,2,4,5
Final Examination	50 %	*	29/06/2023	1,3

* 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
• 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

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 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: 20%.

Release of problem question: 12pm Tuesday 14 March 2023 via WATTLE

Release of quiz questions: 2pm Tuesday 21 March 2023 via WATTLE

Due date: 5pm, Tuesday 21 March 2023 via WATTLE. 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. However you can apply for special consideration for your circumstances to be considered.

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: 29 March 2023

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

Indigenous Experience in Sentencing Short Essay

Details of task: This short essay assessment will take the form of a critical case note which will test knowledge acquired and critical thinking developed through listening to a pre-recorded workshop and completing associated reading on taking Indigenous experience, voice, and perspective into account in sentencing.

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

Weighting: 30%.

Release: 12 pm Friday 24 March 2023 via WATTLE

Word Limit: 1,500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here . Footnote references not 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.

Due date: 5pm, Monday 3 April 2023 via WATTLE. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated return date: Monday 1 May 2023

Assessment Criteria: Assessment Rubric available on Wattle

Assessment Task 3

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.

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: While there is no word limit for this exam, the approximate expected word range for this task is 3,500* 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.*This word limit will not apply if the University schedules the final examination as an in-person, on-campus examination

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. 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). 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 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.

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