70218 Criminal Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): (70113c Legal Process and History AND 70105c Legal Research) OR (70115c Perspectives on Law AND 70120c Legal Method and Research)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
Anti-requisite(s): 70114 Criminal Law and Procedure AND 70217 Criminal Law

Description

This subject deals with the substantive criminal law, the doctrines and rules that define the conditions of criminal liability and some aspects of procedural criminal law. Australian common law doctrine and the Crimes Act 1900 (NSW) are considered. Topics include: the nature of crime; the doctrines of mens rea and actus reus; burden of proof; strict liability; offences against the person; property offences; complicity and criminal defences.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	Understand the structure and rationale of New South Wales criminal law and procedure doctrines that arise from statutes and common law.
2.	Think critically about set readings to identify and articulate legal issues in context
3.	Apply reasoning from set sources to generate appropriate responses
4.	Begin to develop a reasoned and logical argument
5.	Participate effectively in general class discussion
6.	Begin to speak logically, succinctly and persuasively

Teaching and learning strategies

Strategy 1: Seminar format
Strategy 2: Preparation/Independent Study
Strategy 3: Participation in class
Subject Delivery

This subject will be delivered through an interactive seminar format. This format will assist you to consolidate and develop the knowledge that you acquire through your readings. Additionally, through classroom discussion your capacity for critical thought will be nurtured.

This is a seminar course, rather than a lecture based subject. This means that you will need to prepare prior to class and to participate in class discussion to receive the benefits that seminar format offers you.
Expectation of Student Participation
Students will be expected to have completed the prescribed readings prior to class. You should take notes from these pre-class readings and outline your preliminary answers to discussion questions and problem questions prior to class. These notes will assist your preparation and comprehension of the material in class discussion. These notes will then be augmented by any notes you take in class and any reflections you make after class. These notes will form a useful foundation for examination summaries.
This Course Outline frequently includes factual problems relevant to the topic under discussion for nominated topics. You are encouraged to draft written answers to them as a part of your individual study and class preparation. Some problems will be examined in class time. It is anticipated that certain problems will lend themselves to group work and you will be advised about this at the topics progress. There will be occasions where class discussion or heavy content will mean that the problems are not fully discussed. This does not diminish their importance nor does it relieve the student from engaging with the problem independently or in informal study groups.
You will be expected to contribute to class discussion on the basis of designated pre-class readings and in-class materials. Class participation may take a number of forms, ranging from addressing the whole class to working in smaller groups. In most classes, you will be expected to engage in general discussion and may also participate in small group discussion. In some classes, you may be asked to make a more formal presentation (eg of your analysis of the problem) to the class.
Through class discussion you will have the opportunity to consolidate and extend your understanding of the reading material. The problem solving approach, which encompasses an analysis of legal reasoning and an appreciation of the social location of the criminal law, will assist you in this endeavour.

Content (topics)

Topic 1: Classification of Crimes and Proof
Topic 2: Elements of a Crime
Topic 3: Unlawful Homicide
Topic 4: Property Offences
Topic 5: Assaults and Sexual Assault
Topic 6: Indirect Offences
Topic 7: Defences
Topic 8: Exam Revision

Assessment

Assessment task 1: Class Participation

Weight:	20%
Criteria:	Substantive dimensions of assessment are similar to those used in assessing written work. Students should seek to show that they understand the application of, and underlying reason for the use of, the skills emphasised in the seminars. Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises. The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 20 for seminar performance: 0-4 Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit. 5-10 Irregular attendance without explanation. Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars. NB. A bare pass is all that is likely for just regular attendance. 11-13 Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises. 14-15 Regular attendance and preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration. 16-20 Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

Weight:

20%

Criteria:

Substantive dimensions of assessment are similar to those used in assessing written work. Students should seek to show that they understand the application of, and underlying reason for the use of, the skills emphasised in the seminars.
Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises.
The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 20 for seminar performance:

0-4 Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit.

5-10 Irregular attendance without explanation. Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars. NB. A bare pass is all that is likely for just regular attendance.

11-13 Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises.

14-15 Regular attendance and preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration.

16-20 Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

Assessment task 2: Assignment

Weight:	30%
Length:	1,800 words (plus 10% Faculty allowance)
Criteria:	The general marking criteria for the written assignment is: Interpretation of the task (identifying relevant legal issues and demonstrating understanding of task) Presentation of argument Critical analysis (identify, comprehend and evaluate relevant legal and factual issues as applied to the problem, ability to determine and assess strong and weak arguments) Research skills and use of applicable authorities Attention to form and expression (including correct spelling and grammar and correct uniform referencing). Conclusion (consideration of main points and arrival at outcome based on analysis of the problem). NOTE: the assignment feedback sheet used by markers is available on UTS Online. It is strongly recommended that you look at this document before you write your assignment and familiarise yourself with the standards that coincide with the above criteria. General Grade Characteristics This is not a definitive statement on grading standards, it is a guide. It should assist students in understanding what the marker is looking for and how performance will be judged generally. Please note, not all indicia listed are relevant to all assessment tasks. High Distinction (85% and above) Exceptional performance in all criteria Clearly focused and coherent organization Insightful and informed discussion of the topic Complex arguments that show a deep understanding of the principles Evidence of relevant additional reading Synthesis and innovation showing your own well developed ideas Ability to distinguish different ideas and arguments Well reasoned conclusion supported by evidence and / or argument Distinction (75%-84%) Consistently very high performance in all areas Clearly addressed question and explores issues comprehensively Argument is logical and coherent, well developed and detailed Demonstrates ability to analyse and integrate material Ability to draw conclusions based on analysis Evidence of relevant additional reading Credit (65%-74%) Overall high level performance but some weaknesses Clear understanding of basic principles Argument is logical and coherent Clarity of thought but lacks complexity Organised and adequately developed in some detail Evidence of required reading Pass (50%-64%) Fair attempt at addressing the question Shows basic understanding of the materials Mostly clear but lacks complexity Some attempt at analysis but poorly supported or unsupported by suitable sources, or includes irrelevant material Mostly organized but clarity and complexity needs work Fail (49% and below) Lacks understanding of basic concepts Extensive quotes without explanation Fails to adequately address or discuss topic Lacks analysis and poorly supported or unsupported by suitable sources, or includes irrelevant material Lacks organization, clarity and complexity

Weight:

30%

Length:

1,800 words (plus 10% Faculty allowance)

Criteria:

The general marking criteria for the written assignment is:

Interpretation of the task (identifying relevant legal issues and demonstrating understanding of task)
Presentation of argument
Critical analysis (identify, comprehend and evaluate relevant legal and factual issues as applied to the problem, ability to determine and assess strong and weak arguments)
Research skills and use of applicable authorities
Attention to form and expression (including correct spelling and grammar and correct uniform referencing).
Conclusion (consideration of main points and arrival at outcome based on analysis of the problem).

NOTE: the assignment feedback sheet used by markers is available on UTS Online. It is strongly recommended that you look at this document before you write your assignment and familiarise yourself with the standards that coincide with the above criteria.

General Grade Characteristics

This is not a definitive statement on grading standards, it is a guide. It should assist students in understanding what the marker is looking for and how performance will be judged generally. Please note, not all indicia listed are relevant to all assessment tasks.

High Distinction (85% and above)

Exceptional performance in all criteria
Clearly focused and coherent organization
Insightful and informed discussion of the topic
Complex arguments that show a deep understanding of the principles
Evidence of relevant additional reading
Synthesis and innovation showing your own well developed ideas
Ability to distinguish different ideas and arguments
Well reasoned conclusion supported by evidence and / or argument

Distinction (75%-84%)

Consistently very high performance in all areas
Clearly addressed question and explores issues comprehensively
Argument is logical and coherent, well developed and detailed
Demonstrates ability to analyse and integrate material
Ability to draw conclusions based on analysis
Evidence of relevant additional reading

Credit (65%-74%)

Overall high level performance but some weaknesses
Clear understanding of basic principles
Argument is logical and coherent
Clarity of thought but lacks complexity
Organised and adequately developed in some detail
Evidence of required reading

Pass (50%-64%)

Fair attempt at addressing the question
Shows basic understanding of the materials
Mostly clear but lacks complexity
Some attempt at analysis but poorly supported or unsupported by suitable sources, or includes irrelevant material
Mostly organized but clarity and complexity needs work

Fail (49% and below)

Lacks understanding of basic concepts
Extensive quotes without explanation
Fails to adequately address or discuss topic
Lacks analysis and poorly supported or unsupported by suitable sources, or includes irrelevant material
Lacks organization, clarity and complexity

Assessment task 3: Formal/Final Exam (Centrally-conducted)

Weight:	50%

Required texts

Louis Waller and Charles R Williams Criminal Law: Text and Cases, 11th Edition, Lexis Nexis Butterworths, 2009

Recommended texts

David Brown, David Farrier, Sandra Egger, Luke McNamara and Alex Steel, Criminal Laws: Materials and Commentary on Criminal Law and Process in New South Wales, 5th ed, The Federation Press, 2011
Crimes Act 1900 (NSW) (Available online)
RN. Howie and PA. Johnson, Annotated Criminal Legislation in NSW, Butterworths, 2011/2012 (Available online)
Robert Hayes and Michael Eburn Criminal Law and Procedure in New South Wales 3rd ed, 2009, Butterworths
Penny Crofts, Criminal Law Elements, 4th Ed, Lexis, 2010
Simon Bronitt and Bernadette McSherry, Principles of Criminal Law, 3rd ed, Law Book Company, 2010
Bernadette McSherry and Bronwyn G. Naylor, Australian Criminal Laws: Critical perspectives, Oxford University Press, 2004
Mirko Bagaric, Kenneth J. Arenson and Peter Gillies, Criminal Laws in the common law jurisdictions: Cases and Materials, Oxford University Press, 2011
Donna Spears and Thomas Hickie, Criminal Law for Common Law States, Butterworths Question and Answer series, 2009
Patricia W. Easteal, Less Than Equal, Butterworths, 2001
Mark Findlay, Problems for the Criminal Law, 2nd ed, Oxford University Press, 2006
Mark Findlay, Stephen Odgers & Stanley Yeo, Australian Criminal Justice, 4th ed, Oxford University Press, 2009
David Ross, Crime, 2nd ed, Lawbook and Company, 2004
Peter Rush and Stanley Yeo, Criminal Law Sourcebook, 2nd ed, Butterworths, 2006

References

See above

Other resources

Criminal Law Journal (Australia and New Zealand)
Criminal Law Review (UK)
Australian Criminal Reports
Australian and New Zealand Journal of Criminology
Current Issues in Criminal Justice

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