78030 Sentencing

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.

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)