78030 Sentencing

6cp
Requisite(s): (77885 Legal Process and Legal Research OR (60 credit points of completed study in C04148 Master of Law and Legal Practice AND 70217 Criminal Law))
These requisites may not apply to students in certain courses. See access conditions.
Postgraduate

The law of sentencing is a critical element in the criminal justice system in NSW. This subject commences with a very brief revision of that system and how it works, and then plunges into a practical study of the law of sentencing. The subject covers sentencing in the courts at first instance (the Local, District and Supreme Courts) and also in the Court of Criminal Appeal. Students are given a practical idea of what actually happens in the courts, the law applied (in both Commonwealth and State matters) and what is expected of the lawyers appearing for the accused. Issues of legal philosophy and even jurisprudence are dealt with as they arise, and the law is subjected to a thorough, ongoing critique. Students are encouraged to identify the opportunities the accused's lawyers have to take the initiative, and to perform sound innovative work.

Assessment: Mock Court of Criminal Appeal submissions (50 per cent) and an essay (50 per cent)

Texts and references

Chapter 5, 'Sentencing', in Criminal Practice and Procedure NSW

Chapter 6A, 'Sentencing of Federal Offenders', in Federal Criminal Law

(These are available online and from the UTS Library.)

Fee information

2006 contribution for 2005/06 commencing Commonwealth-supported undergraduate students: $1,021.25
2006 amount for undergraduate domestic fee-paying students: $2,310.00
Subject EFTSL: 0.125
Note: The above fees are applicable in 2006 for 2005/06 commencing Commonwealth-supported and domestic fee-paying undergraduate students only. Pre-2005 Commonwealth-supported undergraduate students should consult the Student contribution charges for Commonwealth supported students webpage.
Not all students are eligible for Commonwealth supported places, and not all subjects are available to Commonwealth supported students. Other students (such as postgraduate students and international students) should refer to the Fees webpage.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at Access conditions and My Student Admin.