LAW 3610 - Selected Issues in Criminal Law and Procedure

North Terrace Campus - Semester 1 - 2022

This course will explore a series of topics in criminal law in greater depth than is possible in the compulsory course. Comparisons among the law of the Australian States and with other countries, both within and outside the common-law world, will be made. Topics will be chosen for their contemporary relevance, practical importance and suitability for in-depth academic analysis. The topics may include: whether the criminal law should be codified; sexual offences and the concept of consent; the law of intoxication; the law of complicity; child exploitation material and related offences; the impact of technology on the substantive criminal law (e.g. revenge porn) and on criminal procedure (e.g. juries and social media); double jeopardy and D.N.A. evidence; identity fraud; the role of the Director of Public Prosecutions and defence counsel, both generally and in relation to victims; propensity issues in criminal evidence : the rape shield law and similar fact evidence; the right to silence; the interaction between constitutional and criminal law; sentencing; and other issues as selected by the teaching staff. On completion of this course students will be able to analyse at an advanced level important current topics in the criminal law (including the law of evidence) from a variety of perspectives. Students will also have the ability to apply criminal law to complex issues and critique the operation of criminal law from a variety of perspectives.

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Course Details

Course Code	LAW 3610
Course	Selected Issues in Criminal Law and Procedure
Coordinating Unit	Adelaide Law School
Term	Semester 1
Level	Undergraduate Law (LLB)
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange
Prerequisites	LAW 2599
Assumed Knowledge	LAW 1501
Restrictions	Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
Assessment	Typically to include a class presentation and a choice between a final exam and a research essay

Course Staff

Course Coordinator: Dr Kellie Toole

The other teacher is Dr David Plater. There will also be a range of guest speakers.

Course Timetable

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

Course Learning Outcomes

On successful completion of this course students will be able to :

1. Evaluate and apply advanced principles of criminal law to a range of practical problems

2. Critique the operation of Australian criminal law from a theoretical, practical and policy perspective. This involves developing the capacity to engage content in a questioning manner.

3. Develop effective and concise written arguments for a legal audience.

4. Analyse the operation of Australian criminal law in the context of social and cultural diversity.

5. Exercise professional judgment in conducting a research project on a current topic in criminal law.

6. Evaluate and apply legal and theoretical concepts to specific situations.

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)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1, 2, 4
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1, 2, 4, 5
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	2, 3
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	1, 4
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	1, 4
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	1, 2
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	1, 4

Learning Resources

Required Resources

There is no textbook for this course.

Students will need a hard or electronic copy of the Criminal Law Consolidation Act 1935 (SA).

Other materials will be made available on MyUni.

Recommended Resources

There are no particular recommended resources.

Online Learning

MyUni will be used to post announcements and course materials, as well as to announce assignment tasks.
Learning & Teaching Activities

Learning & Teaching Modes

The course is taught through a three-hour session each week (starting in week 1) that will include aspects of a lecture and a seminar. It will be, nominally, one hour of lecture and two hours of seminar - but without a clear distinction between the components.

The lecture component will provide an introduction to core issues but student interaction will be expected in that section of the class and so completion of pre-reading (including lecture slides) will be required.

There will be various guest lecturers throughout the semester who may choose to conduct classes differently.

Lecture slides (and in some cases lecture recordings) will be available prior to the lecture and live lectures will be recorded (technology permitting).

Workload

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

Students in this course are expected to attend every day of the course and to actively participate as the design of the course depends upon active engagement. The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 156 hours to a three unit course and this is expected in this course. Please refer to Access Adelaide for your timetable and enrolment details.

Learning Activities Summary

The weekly lecture/seminars will involve a mix of lectures and interactive seminar-style sessions. The lectures will cover substantive law topics that may include reform of the law of rape; controversies over compound offences (like unlawful sexual relationship with a child); prosecuting domestic violence; proposals for the introduction of laws on 'stealthing', coercive control and in response to the Royal Commission into Institutional Responses to Child Sexual Abuse; and justice for Aboriginal defendants.

The lecture program will be finalised in consultation with students before the beginning of the semester.

The course is intended to be practical and cover contemporary issues and so the program may change in response to the availability of guest speakers, high profile cases, or law reform proposals.

Specific Course Requirements

There are no specific course requirements for this course.

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

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

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable	Learning Outcomes
Statutory reform exercise	20%	Friday week 5 - 2pm	1,500 words	Individual	No	1, 2, 3, 6
Research assignment plan	20%	Friday week 8 - 2pm	1,500 words	Individual	No	1, 2, 4, 5, 6
Research assignment	60%	Friday week 12 - 2pm	4,000 words + statement addressing feedback on research plan (no word limit)	Individual	No	1, 2, 4, 5, 6

Assessment Related Requirements

There are no specific assessment related requirements.

Assessment Detail

Statutory reform exercise 20% Not Redeemable (1,500 words)

This assessment task involves drafting a new provision or revising an existing provision for the Criminal Law Consolidation Act 1935 (SA) or other relevant South Australian statute. The provision may be for a new offence/defence or other matter, or revise an existing offence/defence or other matter - and may amend the substance or form of that existing offence i.e. it may change the law or just clarify the existing law. The new or revised provision must be accompanied by an explanatory memorandum explaining the details of the provision and the reasons for its proposed introduction.

A pass in the statutory reform exercise is not a prerequisite for passing Selected Issues in Criminal Law and Procedure.

Research assignment plan 20% Not Redeemable (1,500 words)

This assessment task involves submitting a research plan for the research assignment. The research plan must include a draft introduction, conclusion and main points of argument. A template will be provided.

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

Research assignment 60% Not redeemable (4,000 words)

This assessment task involves a research assignment in the form of a law reform submission, essay or similar, accompanied by a statement explaining how you addressed the feedback on the research plan. The supporting statement is not included in the word limit and will not be formally assessed or affect your mark. A template will be provided.

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

Submission

Referencing

Assignments are expected to be referenced appropriately in accordance with the Australian Guide to Legal Citation 4th edition.

Late Submission Penalties

When an assessment is submitted after the due date, without an extension, 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 and public holidays. For example, an assignment 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.

Word Length Penalties

5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and
3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

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.

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

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

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 Access Adelaide at the end of each semester.

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.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
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.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity 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.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator