78030 Criminal Sentencing 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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70218 Criminal Law OR 70114 Criminal Law and Procedure
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The law of sentencing is without doubt one of the most interesting aspects of criminal law. It is also a critical element of the criminal justice system in New South Wales. This subject begins with a brief revision of how the criminal justice system works. It then plunges into the purpose and science of sentencing, and factors that the court may take into account when exercising its discretion in the sentencing exercise. The subject covers sentencing in the local, district and supreme courts. Students are given a practical idea of what actually happens, how the law is actually applied and what is expected of lawyers, prosecutors and judges during the sentencing exercise.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | identify the purpose of sentencing; |
|---|---|
| 2. | understand the options available to the courts in respect to sentencing; |
| 3. | identify laws that relate to sentencing in NSW, Commonwealth and children???s jurisdiction; |
| 4. | identify the factors taken into account in a sentencing exercise; |
| 5. | understand the appeals process. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1 - The lectures/seminars impart the basic legal principles, and cover the main areas of sentencing.
Strategy 2 - The assignment and written/verbal submissions are used to develop and articulate your understanding of the law of sentencing.
Strategy 3 - The legal principles taught in lectures and seminars are then practically applied in discussing the cases and how sentencing might have been conducted differently.
Assessment
Assessment task 1: Written submissions
| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 50% |
| Length: | Not greater than 5000 words. |
Assessment task 2: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
Assessment task 3: Oral submissions
| Objective(s): | This task addresses the following subject learning objectives: 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.0 and 5.0 |
|---|---|
| Weight: | 30% |
Required texts
There are no prescribed texts: Students will be given extensive lectures.
Recommended texts
Howie and Johnson, Annotated Criminal Legislation, NSW LexisNexis (available online via UTS Library law databases)
Criminal law survival Kit (available Online):
www.criminallawsurvivalkit.com.au/Sentencing.html
Judicial Commission website (available online)
