LAW 2503 - Criminal Law and Procedure

North Terrace Campus - Semester 1 - 2017

The Criminal Law part of the course (Weeks 1-9) opens with an examination of the nature and purposes of the criminal law and the general principles of criminal responsibility at common law. It then examines the basic elements of criminal offences and the distinction between offences of full fault, strict and absolute liability. The topics that follow include a selection of substantive offences: the offences of dishonesty, unlawful homicides (including the partial defence of provocation), and sexual and non-sexual non-fatal offences against the person. There follows an examination of the extended forms of liability: attempt and complicity. The course then proceeds to cover the major criminal defences of self defence, necessity and duress as well as denials of criminal responsibility on the ground of incapacity resulting from mental illness or impairment and intoxication. Criminal Procedure (the final three weeks of the course)covers the powers of the police and the courts that are relevant to the investigation and prosecution of criminal offences. The Structured Course in Basic Ideas (SCBI) runs in the seminars for all 12 weeks of semester, and requires independent, structured reading of a scholarly work related to the substantive or procedural law for the week.

  • General Course Information
    Course Details
    Course Code LAW 2503
    Course Criminal Law and Procedure
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 6
    Contact Up to 6 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1501
    Incompatible LAW 1004
    Assumed Knowledge LAW 1503
    Restrictions Available to LLB students only
    Course Description The Criminal Law part of the course (Weeks 1-9) opens with an examination of the nature and purposes of the criminal law and the general principles of criminal responsibility at common law. It then examines the basic elements of criminal offences and the distinction between offences of full fault, strict and absolute liability. The topics that follow include a selection of substantive offences: the offences of dishonesty, unlawful homicides (including the partial defence of provocation), and sexual and non-sexual non-fatal offences against the person. There follows an examination of the extended forms of liability: attempt and complicity. The course then proceeds to cover the major criminal defences of self defence, necessity and duress as well as denials of criminal responsibility on the ground of incapacity resulting from mental illness or impairment and intoxication. Criminal Procedure (the final three weeks of the course)covers the powers of the police and the courts that are relevant to the investigation and prosecution of criminal offences. The Structured Course in Basic Ideas (SCBI) runs in the seminars for all 12 weeks of semester, and requires independent, structured reading of a scholarly work related to the substantive or procedural law for the week.
    Course Staff

    Course Coordinator: Ms Kellie Toole

    Ms Kellie Toole (co-cordinator) Email: kellie.toole@adelaide.edu.au Phone 83134440
    Prof Ngaire Naffine (co-cordinator)  Email: ngaire.naffine@adelaide.edu.au Phone 83135816

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.


    Criminal Law and Procedure 2017: Lecture Schedule 



    General Principles

    Week 1: Criminal Law and Responsibility: Principles and Method

    Week 2: The Elements of Offences and their Analysis 



    Offences and Defences

    Week 3: Offences of Dishonesty

    Week 4: Unlawful Killing

    Week 5: Non Sexual Offences against the Person

    Week 6: Sexual Offences against the Person

    Week 7: Scope of Responsibility: Attempts and Complicity

    Week 8: Defences Part 1 - Mental State Defences: Mental Impairment and Intoxication 

    Week 9: Defences Part 2 - Defences of Circumstance: Self Defence, Duress and Necessity 



    Criminal Procedure

    Week 10: Policing and Exclusion of Evidence

    Week 11: Prosecution, Defence and the Fair Trial

    Week 12: Bail and Sentencing, and Revision 

     




     

  • Learning Outcomes
    Course Learning Outcomes
    Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:

    Criminal Law
    · The definition of crime and the general principles of criminal law (Priestley 1)
    · The major theories of criminal responsibility
    · The aims of the criminal law (Priestley 3)
    · General Doctrines (Priestley 7)
    · The basic elements of an offence and their analysis (Priestley 2)
    · The basis of fault, strict and absolute liability (Priestley 8)
    · The substantive law of selected major offences including homicide and defences (Priestley 4); Non Fatal offences against the person and defences (Priestley 5); Offences against Property (Priestley 6)
    · The extension of liability through the law of attempts and complicity (Priestley 8)
    · The general defences (Priestley 8)

    Criminal Procedure
    Police Investigation, Apprehension, Interrogation and Seizure (Priestley 9)
    · Bringing Accused Persons to Court – Prosecution and Defence (Priestley 9)
    · The Reception of Evidence and the Idea of the Fair Trial (Priestley 9)


    On successful completion of this course, students will be able to: 
    1. Analyse principles of criminal responsibility, undertake self-directed legal research with primary and secondary materials, and analyse and evaluate legal information relating to criminal law and legal theory;
    2. Apply criminal law to complex issues, and critique the operation of criminal law from both a policy and theoretical/principled perspective, both individually and as part of a team;
    3. Structure and sustain concise and cohesive written and oral arguments for a legal and lay audience;
    4. Develop oral and written arguments on issues relating to the drafting of new criminal laws and the application of existing criminal laws to common scenarios that arise in criminal practice;
    5. Analyse the impact of criminal law from a policy perspective, with a focus on the impact on people who are vulnerable or outside the mainstream culture;
    6. Reflect on their abilities to effectively undertake work as a member of a team as demonstrated by the preparation for an involvement in the group presentation.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1, 3, 4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1, 2, 4, 5
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    David Caruso et al South Australian Criminal Law: Review and Critique (2nd ed, Lexis Nexis, 2016)

    Criminal Law Consolidation Act 1935 (SA)

    Summary Offences Act 1953 (SA)

    Bail Act 1985 (SA)

    Criminal Law Sentencing Act 1935 (SA)

    Summary Procedure Act 1988 (SA)
    Online Learning
    Selected course material will be made available on MyUni. This will include lecture guides, seminar topics, assessment information and instructions. Students are expected to check MyUni regularly to keep up to date with these materials and with course announcements.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be presented in 36 hours of lectures (12 x 2 hours and 12 x 1 hours), 24 seminar hours (12 x 2 hours) and at least 1 weekly hour of self-directed structured learning which will take the form of the Structured Course in Basic Ideas (SCBI).

    Pedagogical Approach of the SCBI: The SCBI will entail independent, guided, structured learning, and will be linked into the main course through student presentations at weekly seminars.

    Lectures and seminars commence in Week 1 and are presented weekly thereafter through weeks 1-12.

    Students will be required to work collaboratively in the preparation and presentation of the oral presentation to their seminar group.


    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Students in the course are expected to attend all lectures and are required to attend their weekly seminars as well as dedicate at least one hour per week to the Structured Course in Basic Ideas. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies. Preparation for seminars is essential. It is equally essential to ensure that you bring relevant legislation or other required discussion material to seminars and, when required, to lectures.
    Learning Activities Summary
    Activity 1: Attendance at the 2 weekly lectures.
    Activity 2: Attendance and participation in a two-hour weekly seminar, which will include one group oral presentation.
    Activity 3: At least an hour per week engaged in the Structured Course in Basic Ideas (SCBI).

    Aims of the SCBI: The aims of the SCBI are to develop in each student:

    (a) a critical understanding of 12 basic ideas of criminal law by means of a directed and structured reading stream designed to develop independent learning
    (b) critical skills in scholarly analysis as well as a comprehension of the basic ideas running through the substantive and procedural law in Criminal Law and Procedure
    (c) the ability to undertake group work for the purpose of analysing an area of law and presenting the findings to a legal audience. 

    Directions and Tasks for the SCBI: There will be 12 structured readings accompanied by (a) written directions about how they are to be read, and (b) a set of questions that need to be addressed. In each seminar, students must independently identify, describe and criticise a basic idea in criminal law and procedure. The 12 Basic Ideas will correspond to the staged development of the rest of the course. (For example the structured reading on the Dishonesty Offences examines a scholarly work on the idea of dishonesty and its significance for these offences; the structured reading on Offences Against the Person examines the idea of consent to harm.) Oral Directions on the Structured Course in Ideas will also be given in the first seminar. At that time there there will be an opportunity for students to ask questions, receive preliminary guidance and for any related discussion. Thereafter, students will be expected to be self-directed and to proceed independently.

    Expectations of the SCBI:

    Each student is required to:

    (a) dedicate at least one hour each week of their own time to reading the set SCBI reading, preparing answers to the guided questions, and contributing to discussion in seminars
    (b) deliver one 20 minute presentation as part of a group of 3 students. The presentation should introduce and explain the relevant idea from the SCBI, address the set questions, apply it to the problems for that week, and engage the class in discussion.

    The essay component of the exam will require a grasp of all 12 ideas and an appreciation of their significance and relationship to one another.
    Small Group Discovery Experience
    Not applicable.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Task % of final mark Dates Length Redeemable Learning Outcomes
    Attendance and satisfactory participation at seminars Pass/Fail weekly Individual No 1, 2, 3, 4, 5, 6
    Presentation at seminars (group) 10% allocated in seminar 1 20 minutes No 1, 3, 4, 5, 6
    Quiz 1 - Element and He Kaw Teh analysis 5% open 24th-25th March 15 minutes No 1, 2
    Quiz 2 - Criminal Defences  5% open 19th-20th May 15 minutes No 1, 2
    Assignment 20% Due: 14 April 2000 words YES (subject to conditions - see below) 1, 2, 3, 5
    Exam 60% Exam Period 3 hours plus reading time - 1, 2, 3, 5
    Assessment Related Requirements
    Presentation mark – non redemption: A presentation mark is not redeemable.
    Assessment Detail
    Group Presentation on Structured Course in Basic Ideas (SCBI) [10%] Compulsory, NOT redeemable

    Each student will be required to deliver one 20 minute presentation as part of a group of 3 students. The presentations will take place at the beginning of each seminar and should introduce and explain the relevant idea from the SCBI, address the set questions, apply it to the problems for that week, and engage the class in discussion. Unless there are exceptional reasons, students who present together will be assigned the same mark. Exceptional reasons may include a failure to be present at the SCBI presentations of others.

    Groups for presentations will be formed in the first seminar so students must attend week 1. If students miss week 1, they will have to seek to join a presentation group in the next week they attend. If all topics are already allocated to groups of 3 students, the student who missed week 1 may be precluded from delivering a presentation and be ineligible to receive a grade for the assessment task. Students will not be allocated to presentation groups outside of seminars.

    A pass in the group presentation is not a prerequisite for passing Criminal Law and Procedure.

    Critical Analysis Assignment [20%] Compulsory, Redeemable if it achieves a pass grade or a fail grade that is deemed to be a bona fide effort

    The assignment will be made available, via MyUni, in Week 4 or 5. It will require research and/or critical analysis of:

    • an issue in criminal law theory; or

    • recent or proposed criminal law legislation.

    The subject matter of the assignment will be drawn from the topics that will be examined in the final examination in Criminal Law and Procedure. The assignment will offer, however, an opportunity for a more reflective, research based consideration of the topic.

    A pass in the assignment is not a prerequisite for passing Criminal Law and Procedure.

    Online Element and He Kaw Teh Analysis Quiz 5%, Compulsory, NOT Redeemable

    Each student will be required to complete a multiple-choice online MyUni quiz assessing their knowledge of the principles of element analysis; their ability to apply element analysis to a piece of unfamiliar legislation; their knowledge of the principles of He Kaw Teh analysis; their ability to apply He Kaw Teh analysis to a piece of unfamiliar legislation

    Students will have 15 minutes to complete the quiz during a 48 hour period covering Friday 24 March and Saturday 25 March 2017.

    A pass in the quiz is not a prerequisite for passing Criminal Law and Procedure.

    Online Defences Quiz 5%, Compulsory, NOT Redeemable

    Each student will be required to complete a multiple-choice online MyUni quiz assessing their knowledge of the main defences to crime; understanding of their underlying principles and justifications; appreciation of the commonalities and differences between the defences and where they may overlap; ability to apply this knowledge to a fact situation.

    Students will have 15 minutes to complete the quiz during a 48 hour period covering Friday 19 May and Saturday 20 May 2017.

    A pass in the quiz is not a prerequisite for passing Criminal Law and Procedure.

    Examination [60%]

    There will be a three hour, open book examination.

    It is each student's responsibility to read the examination timetable. Misreading the timetable is not accepted as grounds for granting a replacement exam. The exam will be an open-book examination, excluding material borrowed from the Barr-Smith or Law libraries. It will consist of three questions, all of which must be answered, as follows:

    2 Problem questions which will combine the substantive and procedural law 

    1 Essay question. A choice of topics will be offered.

    The requirements of the paper ensure that a pass in the examination will demonstrate that the candidate has attained an acceptable level of knowledge of the elements of criminal law and procedure required for admission to practice. 

    A pass in the exam is not a prerequisite for passing Criminal Law and Procedure.

    Assessment criteria:


    Papers will be graded according to the level to which they demonstrate capacity for:

    • Comprehension of common law doctrine, legal theory and techniques of statutory interpretation in the criminal law;

    • Application of common law doctrine and techniques of analysis and statutory interpretation to problems set for discussion;

    • Comprehension and application of principles of criminal procedure to the prosecution and trial of a selection of substantive offences;

    • Clarity in presentation and expression of criminal law concepts and capacity to present a conclusion supported by reasons;

    • Critical analysis of existing law and proposals for reform of the law

    Submission
    Submission of Assignments

    • Submissions are due no later than 2:00pm on the due date. All assignments must be submitted electronically via Turnitin. This means that all papers will be electronically checked for plagiarism. 

    • Students must retain a copy of any assignment submitted.

    • Students must not submit an assignment that consists entirely or in part of material that has been previously submitted for this course or another course without the approval of the Course Coordinator.

    • Extensions are available only on compelling medical and compassionate grounds in accordance with existing Law School policies.

    Return of Assignments:
    Assignments will be returned within 3-4 weeks of the due date for submission of the assignment

    Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

    Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  
     
    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/

  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.