LAWS1206 2012 Course Study Guide FINAL

ANU COLLEGE OF LAW

COURSE STUDY GUIDE

CRIMINAL LAW AND PROCEDURE (LAWS1206)

Semester 1, 2012

THIS GUIDE CONTAINS IMPORTANT INFORMATION ABOUT THE COURSE.

PLEASE READ IT CAREFULLY.

LAWS1206 Criminal Law and Procedure Sem 1 2012

1. Contact Information

Role: Course Convenor / Lecturer Role: Lecturer / Tutorial Convenor / Tutor

Name: Miriam Gani Name: Wendy Kukulies-Smith

Room: Sub-Dean’s Office (Law School

Office)

Room: 119

Telephone: 6125 8351 Telephone: 6125 7790

Email: [email protected] Email: [email protected]

Consultation times: by appointment (please

email)

Consultation times: by appointment

(please email)

Miriam and Wendy are assisted by a team of tutors. Our external tutors for this course are

drawn from academia, criminal law practice and/or positions involving the development of

criminal law policy. Our tutors have a broad range of experience, including as prosecutors

and defence lawyers. Tutors will inform you of their contact details in the tutorials.

2. Class Schedule

There are three hours of lectures each week in this course, supplemented (from Week 2

onwards) by weekly tutorials of one hour duration. All lectures are held in the Coombs Lecture

Theatre (Coombs T). We hope to ensure that tutorials are held in rooms located in the Law

Building. You must enrol in tutorials via the WATTLE website. Tutorial enrolment will be

available online from noon Monday 20 Feb (Week 1) and will close at noon on Thursday 23

February (Week 1). You only have three days in which to enrol in tutorials – so the onus is on

you to get yourselves sorted during that period.

Lecture Schedule:

There is only one lecture group for this course. There are 3 hours of lectures per week.

Day: Tuesday Day: Friday

Time: 11am -12 noon Time: 10 am -12 noon

Room: Coombs T Room Coombs T

Note: There will be a make-up lecture during the week beginning 2 April (Week 7) to replace

the Friday lecture that falls on Good Friday (6 April). This is likely to be on Wednesday 4 April

but a time and place will be confirmed as soon as possible.

A table of the content of the lectures and tutes in this course is included at 7. below. Please

use this table to organise yourselves.

3. Texts and Materials

The prescribed text is:

S Bronitt and B McSherry, Principles of Criminal Law (3rd

Edition, Pyrmont:

Lawbook Co, 2010; “B & McS”).

You will need to purchase a copy from the Co-op Bookshop or access the limited copies on

reserve in the Law Library (4 x 2 hr loans and 2 x 2 day loans). The abbreviation “B & McS”


will be used to refer to this text. This text is useful for other criminal law courses taught at

ANUCoL, including Federal Criminal Law.

A printed brick with extracts from legislation and case law has been prepared for this

course. You obtain this volume of photocopied material from the ANU College of Law’s

Services Office in the Law building after making your payment to the University Cashier or

make a payment online via the ISIS website (with detailed instructions provided here

http://law.anu.edu.au/servicesoffice/StudentMaterials.asp). This volume will be referred to as

Supplementary Materials (“SMs”). Any material posted online is referred to as “Add Mats”.

The WATTLE course website will be used to disseminate all other information, for example:

this course outline (which includes a description of the course assessment and all the tutorial

problems) the assessment problems, any further reading, the online ‘CrimPro’ module for

teaching criminal procedure (with 2 copies of the DVD on 2 day loan in Law Library), course

notices, assessment feedback, digital lecture recordings and ppt slides and/or overheads

used in class. The WATTLE site will also host the tutorial sign-up process.

Below is a list of recommended criminal law and procedure texts that may assist from time

to time. These need not be purchased but, if you find them in the library in the short loan

section, or can afford them, they may help with your studies:

• A Ashworth, Principles of Criminal Law (6th edition, Oxford: Oxford University Press,

2009). (2 day short loan)

• M Bagaric and KJ Arenson, Criminal Laws in Australia: Cases and Materials (Melbourne:

Oxford University Press, 2007). (2 day short loan)

• D Brown, D Farrier, S Egger, L McNamara, A Steel, M Grewcock, and D Spears, Brown,

Farrier, Neal and Weisbrot’s Criminal Laws: Materials and Commentary on Criminal Law

and Process in New South Wales (5th ed, Sydney: Federation Press, 2011; known as the

“4 Davids”). (2 x 2 hr loans for the 5th edition and 2 x 2 day loans for the 4

th edition)

• Criminal Law Journal (CrimLJ) (published in Australia).

• Criminal Law Review (CrimLR) (published in England).

• Criminal Law Forum (CrimLF) (published in the United States).

• R Hayes and M Eburn, Criminal Law and Procedure in New South Wales (3rd ed,

Chatswood: Lexis-Nexis Butterworths, 2009). (2 hr loan)

• P Fairall and S Yeo, Criminal Defences in Australia (4th ed, Sydney: LexisNexis

Butterworths, 2005). (1 x 2 hr loan and 1 x 2 day loan)

• M Findlay, Criminal Law Problems in Context (2nd ed, Melbourne: Oxford University

Press, 2006). (2 day loan)

• R Howie and P Johnson, Annotated Criminal Legislation 2011-2012 New South Wales

(Lexis Nexis Butterworths, 2012, with legislation current to 4 Nov 2011).

• P Johnson and R Howie, Criminal Practice and Procedure NSW & Criminal Law News

[Electronic Resource] available online on LexisNexis Butterworths via the library

homepage.

• N Lacey, C Wells and O Quick, Reconstructing Criminal Law (3rd edition, LexisNexis UK,

2003). (2 day loan)

• B McSherry and B Naylor, Australian Criminal Laws: Critical Perspectives (Sydney:

Oxford, 2004). (2 day loan)

• NSW Judicial Commission, Criminal Trial Courts Bench Book

http://www.judcom.nsw.gov.au/publications/benchbks/criminal

4. Preliminary Reading

B & McS, Chapter 1.


5. Course Description and Rationale

Criminal Law and Procedure (LAWS1206) exposes students to basic concepts of criminal

responsibility, introduces selected substantive offence and defences law, and introduces

students to some basic law of criminal procedure. Criminal Law and Procedure (LAWS1206)

is a compulsory course for all LLB and JD students. It is required study for all accredited

Australian law degrees. This course is also a prerequisite for other compulsory courses in the

LLB and JD programs such as Evidence (LAWS2207). This course is also a prerequisite for

the advanced criminal law elective course Federal Criminal Law (LAWS2261; formerly known

as Selected Topics in Criminal Law or STICL) which introduces Australian federal criminal law

(including counter-terrorism law, drug law, cybercrime, defences, sentencing etc). Criminal

Law and Procedure is also a prerequisite for the elective course Criminal Justice (LAWS2214)

which examines the process, institutions and contexts of criminal justice and introduces

students to a critical, theoretical, and criminological investigation of trends in criminal justice

systems.

Criminal Law and Procedure is also a useful introduction, though not a prerequisite for,

courses investigating the criminal justice system from interdisciplinary perspectives such as

Law and Psychology (LAWS2260). Students studying International Criminal Law

(LAWS2252) will also benefit from a sound understanding of principles of Australian domestic

criminal law. Criminal Law and Procedure will also assist students interested in work within our

elective clinical law programs (eg. Clinical Youth Law Program, LAWS2267, and, Community

Law Clinical Program, LAWS2268), though is not a formal pre-requisite for those elective

courses. There is also a focus on criminal procedure, criminal law advocacy, and criminal law

practice in most Australian pre-admission, practical legal training courses (eg. ANUCoL’s own

Graduate Diploma in Legal Practice or “Legal Workshop” course). The ANUCoL has also

recently approved two new courses Federal Criminal Law (LAWS8310) and Federal Criminal

Procedure and Evidence (LAWS8313) in the Legal Practice stream of our Masters-level LLM

course.

Criminal Law and Procedure can be the beginning of a student’s career in further criminal

justice scholarship (perhaps from Honours level, through Masters-level LLM degrees, up to

doctoral level research). This course can lead to careers in State/Territory or Commonwealth

public prosecution, government legal services (eg. the Australian Government Solicitor), and

defence lawyering. Graduates interested in crime, sentencing and justice policy research may

work for organisations such as the Australian Institute of Criminology, NSW Bureau of Crime

Statistics and Research, the Victorian Sentencing Advisory Board, or the NSW Judicial

Commission. Many graduates interested in criminal law also work as public servants (eg. as

researchers and policy advisers in crime and justice portfolios at State/Territory or Federal

level, policy work relating to justice, crime and security in State/Territory or Commonwealth

Attorney-General’s Departments, or with police services). This course can also assist

preparing graduates for the core criminal law work encountered in most mixed legal practices

(from sole practitioner through small to medium-sized firms in both urban and rural or remote

communities) or in community legal centres. Research positions for those interested in

criminal law also exist in law reform bodies, NGOs advocating protection of civil liberties

and/or prison reform, Bar Associations, Law Societies, legal journalism, and legal publishing.

Students are encouraged to discuss such career options with lecturers and tutorial staff.


6. Course Objectives and Expected Learning Outcomes

The objectives of this course are to enable students to:

• engage with the criminal law and procedure of NSW as well as a small portion of the codified criminal law of the ACT;

• gain a sound knowledge and critical understanding of the relevant substantive and procedural legislation and case law;

• apply this knowledge and understanding in the context of individual and collaborative problem solving (ie identifying legal issues in a factual scenario, applying the relevant legal principles to those facts and using appropriate skills of legal reasoning and argumentation in reaching a legally sustainable conclusion);

• do so (see the point above) both orally and in written form;

• contribute to the learning of others;

• become familiar with the more important debates about the purposes of the criminal law and the fundamental concepts which it embodies; and

• appreciate the broad political and social forces which shape selected areas of the criminal law.

At the conclusion of this course students should be able to:

• demonstrate their familiarity with relevant legislation, case law and other course

readings;

• demonstrate their familiarity with the core principles of the substantive and procedural

law taught;

• demonstrate a capacity to both recognise and formulate precise statements of legal

principle;

• demonstrate a capacity to work collaboratively with team members;

• demonstrate a capacity to contribute to the learning of others (through teamwork,

regular attendance at tutorials and contribution to tutorial discussions);

• analyse the facts of a problem and identify the legal issues they raise;

• accurately and concisely summarise the relevant law;

• formulate legal arguments relevant to the resolution of the legal issues;

• demonstrate a capacity to discriminate between problematic and non-problematic

legal issues embedded in a set of facts;

• demonstrate an understanding of how different offences and bodies of criminal law

doctrine overlap and inter-relate in relation to concrete fact situations

• apply their knowledge of the course content and readings in the development of a

sustainable analysis or argument concerning particular topics, issues or debates

relating to NSW criminal law.

7. Course Content

This course introduces basic concepts of criminal responsibility, selected substantive offences

and defences law, and introduces students to basic law of criminal procedure. The topics

listed below have been chosen to assist development of conceptual, theoretical, technical, and

analytical knowledge via a mixture of lecture discussions and problem-based tutorial

discussions. Both individual and collaborative reasoning skills will be developed in this course.

Lectures and tutorials will help develop the application of substantive and procedural legal

knowledge to problem scenarios. Case law and text book readings, in particular, will allow the

student to gain familiarity with the ongoing political, social and legal debates about the

purposes of the criminal law in selected examples of offences and defences.

Knowledge

We will discuss general principles of criminal responsibility, selected offences (murder,

manslaughter, assault, sexual assault, property offences), selected defences (provocation and


self-defence), extensions of criminal responsibility (parties to crime) and criminal procedure

(via the ‘CrimPro’ module which covers both pre-trial and trial issues such as police and

prosecutorial discretion, police interviews in custody, bail, representation and plea, disclosure,

and disposal or sentencing).

With one exception, property offences, we will discuss NSW substantive and procedural

criminal law as an example of a “common law” jurisdiction in Australia (similar to the nature of

the criminal jurisdictions in Victoria, South Australia, and the pre-codified ACT regime). In

Week 1, we will see that there are nine criminal jurisdictions in Australia (including the

Commonwealth) and that substantial legislative and prosecutorial autonomy, even post

Federation, has resulted in some significant differences between each Australian jurisdiction.

The lectures may, if time permits, explore similarities and differences between the “common

law” and “code jurisdictions” (Griffith Code: Qld, NT, WA, Tas; Cth Code: Cth, ACT). The

deepest treatment of these similarities and differences is found in the B & McS text and in

further elective courses such as Federal Criminal Law.

For the two weeks of lectures on property offences we will introduce all students to the logic of

the Criminal Code 2002 (ACT; which is similar to the Criminal Code Act 1995 (Cth)). This is a

codified version of the UK Theft Act approach to criminalising stealing and related offences.

For students who do not take the Federal Criminal Law elective, this is an invaluable

opportunity to learn how codified criminal law operates in the ACT and Federal jurisdictions.

These property offences in the ACT are also more modern and less conceptually challenging

than the common law of larceny which still applies to criminalise stealing in NSW.

Class Outline

Please also see the week-by-week lecture outline at the end of this document for detailed

information on Lectures and Tutorials for each week of the course. Note that some of the

important events in the course (tutorial enrolment and assessment dates etc) are also

included in the table below.

Week Who Lecture Problem-Solving Tutorial

Week 1

20 Feb

MG Intro; Criminalisation; Criminal

Responsibility

Tute enrolment opens noon 20 Feb

Tute enrolment closes noon 23 Feb

NO TUTE

Week 2

27 Feb

MG Criminal Responsibility (cont)

Introductory Tutorial –

including basic concepts of

Criminal Responsibility

Week 3

5 March

MG Homicide 1: Murder Criminal Responsibility (Strict

and Absolute Liability)

Week 4

Tues 12

March

MG Homicide 2: Manslaughter

Students to complete online quiz

during Week 4

Murder

Week 5

19 March

MG Defences 1: Provocation

Takehome exam released 1 pm

Friday 23 March

Preparation for Criminal Law

mid-semester takehome

exam

Note: There will be a brief

introduction to the debate in

this tutorial also.


Week 6

26 March

MG Defences 2: Self-Defence

Manslaughter

Week 7

2 April

WKS Assault

A make-up Lecture for Good

Friday will be scheduled for this

week - see WATTLE for date and

time

Takehome exam due 4 pm Monday 2

April

Problem for Team Debate released.

Students and issues allocated to

Team Debate groups

Defences

Note: Debate teams should

meet once or twice face-to-

face (as well as online) to

select team speakers,

prepare & practice between

Wk 7 & the debate tute

Teaching break Friday 6 April – Friday 20 April inclusive

Week 8

Wed 23

April

WKS Sexual Assault

Assault

Week 9

30 April

MG Parties to Crime

Marked takehomes returned by

Friday

Team Debate (Issue 1)

Week 10

7 May

MG Property Offences 1

Team Debate (Issue 2)

Week 11

14 May

MG Property Offences 2

Sexual Assault

Week 12

21 May

WKS CrimPro 1: Pre-Trial Procedure

Feedback on Team Debate

Parties to Crime

Week 13

28 May

WKS CrimPro 2: Trial Procedure

CrimPro scenario released noon on

Monday

Property Offences

Skills

Below is a list of skills that the course will provide opportunities for students to refine and

practice:

• oral communication and listening (in lectures, tutorials and team debate);

• reading and textual analysis (in preparing and reading for lectures and tutorials);

• statutory interpretation (especially mens rea and actus reus elements analysis in tutorials, lectures, and all assessment tasks);

• legal reasoning/problem-solving skills (in tutorial problems and in all assessment tasks);

• written communication (in take-home exam and final exam);

• accuracy and precision (in quizzes and all oral and written work);

• attention to detail (in quizzes and all oral and written work).

• critical/analytical thinking (in lectures, tutorials, in undertaking required reading, in all assessment tasks);


• working collaboratively (preparation for team debate).

• legal and general argument (lectures, tutorials, all assessment);

• creative thinking (application of law to facts in all assessment);

• working independently (take-home exam, online quiz, and final exam);

• advocacy skills (team debate);

• legal technology skills (accessing case law and legislation online as needed outside of printed Supplementary Materials);

• study management skills (preparation for tutorials, quizzes, take-home and final exams);

• reflective practice skills (team debate peer evaluations).

You will be provided with opportunities to develop each of these skills (in the activities as

indicated above) over the course of the semester.

Other Graduate Attributes (if applicable)

Beyond the skills mentioned above, this course will engage and develop other graduate

attributes identified as goals for LLB and JD graduates, especially the following:

• Legal Content – Core Principles (substantive and procedural criminal law);

• Legal Content – Impact (discussion of the history and impact of criminal law reform);

• Engagement and Commitment to Learning – Commitment (via tutorial attendance rule and especially via team debate collaborative exercise);

• Personal Attributes – Respect and Compassion (empathy and concern for others as needed in lectures, tutorials and team debate discussions);

• Personal Responsibility – Integrity (completion of assessment in line with university policies on academic honesty);

• Professional and Ethical Values – Professionalism (via exposure to and engagement with legal professionals teaching as lecturers and tutors in the course);

• Professional and Ethical Values – Law Reform (via critical discussion of the history of criminal law reform).

.

8. Teaching and Learning Approach and Activities

General statement

Effective learning in this course will be achieved by a combination of:

• reading, analysing and critically reflecting upon the required readings each week;

• critically reflecting upon and engaging with the ideas and discussion generated in course lectures both prior to and following those lectures;

• adequately preparing for (including by preparing a written response in, at least, dot point form) and then actively participating in tutorials, including critically reflecting upon and engaging with the tutorial contributions of your peers;

• having a mature, professional and responsible attitude to the collaborative team debate exercise and preparing for that challenge as if it were a workplace task where your personal and collective reputation and employment depended on your collaborative performance and individual treatment of others;

• engaging in discussion with your peers and others about the issues and ideas encountered in this course.


Digital recordings of lectures in this course will be posted to the WATTLE course website as

will any Powerpoint slides or overheads used in class. However, please note that this course

is not designed as a distance education module where a student who merely accesses the

digital lecture recordings and posted website material can achieve good grades. In addition to

the risk of an attendance penalty for failure to attend at least 10 of the 12 tutorials, a “distance

education” mentality also runs the risk of missing substantial content if the digital lecture

recording system fails.

We also hope to address concerning trends in recent Criminal Law and Procedure

examinations. These trends have included the apparent use of out of date shared

summaries of NSW law that do not reflect the existing law as taught in the course. This

has resulted in students failing the course by a substantial margin and also failing

supplementary exams. The preparation of your own study materials based on the course as

taught this semester is an obvious way to optimise your performance in this course. It is also

the most responsible legal research habit to develop if you are to become a practitioner in a

dynamically-changing criminal law environment. Law does change and good lawyers actively

consider the possibility of legal change and personally confirm that their understanding of the

law is current. Lazy lawyers are less concerned about the reality of legal change and will be

penalised and embarrassed due to such laziness at university, in courts in front of their peers

and clients, or in policy-based discussions.

Lectures

Lectures will attempt to deepen your understanding of issues raised by the required readings

and to place those issues and readings in a wider legal, historical, political and social context.

You should not, however, expect lectures to merely summarise the required readings.

Lectures will, where appropriate, be interactive and class discussion will be encouraged and

facilitated. In any event, you should read the required readings for the week prior to attending

class that week, and, perhaps be prepared to re-read that material in order to consolidate your

knowledge following the lecture.

Digital Capture

Digital recordings of lectures together with relevant Powerpoint slides will be made available

on the WATTLE course site as soon as practicable after those lectures. However, please note

that only the lecturer is miked. This means that any contributions from class members made

during lectures will not be audible. Note also that posting the lecture tapes is an automated

process controlled by the ANU Division of Information (the “Digital Lecture Delivery” or “DLD”

system) and is beyond the control of the lecturing staff and the IT Unit of the ANUCoL.

Students should note that whilst the DLD system is quite reliable, human and computer error

may occur.

Lecturing staff take responsibility for posting additional Powerpoint slide files to the WATTLE

site. However, you can access a version of the digital lecture tapes, posted centrally, that

contains real-time visuals from the data projector synchronised with the audio recording of the

lecturer. This may mean that you merely need to download the digital lecture tape to both see

visuals and hear the lecture.

Note, that this course is emphatically not designed to be studied online without

attending lectures. Attendance at, thorough preparation for and active participation in

classes is both expected and encouraged. The assessment scheme for Criminal Law

and Procedure (detailed below) reflects this expectation.

Tutorials

The purpose of the tutorial program is to enable students to raise questions flowing from their

developing understanding of the criminal law in the areas taught. Most importantly, this is done


by giving everyone the opportunity to contribute to a solution of the tutorial problem. Good

legal reasoning and criminal law problem solving/answering style will be modelled in the

tutorials. The team debate exercise conducted in Weeks 9-10 is intended to give students an

opportunity to collaborate on an oral presentation exercise.

9. Study requirements and expectations

In addition to the four contact hours per week, students are expected to spend six hours a

week engaging in reading, problem solving and other preparation for this course. This

expectation is in line with University policy, which assumes that each 6 unit course requires 10

hours of study per week. As with all courses, however, some concepts and readings will be

harder to grapple with (and hence take longer) than others.

We also recommend a few face-to-face meetings of teams for the team debate exercise in

addition to online group discussions via WATTLE prior to the team debate. In order to take

better advantage of the discussion which will occur in lectures and tutorials, you should read

the required readings for the week prior to attending class and attempt an answer of the

tutorial problem on your own first. In addition, you should seek to read as much as you can of

the recommended reading for the week. Students seeking some background to the topics and

readings may also find it useful to read any additional reading listed in the week-by-week

course outline below.

Students are expected to prepare for both lectures and tutorials and to engage critically in the

discussion that takes place there. It is, in part, by means of such engagement, and the

feedback you get from that, that you will be able to evaluate and enhance the quality of your

learning of the course content and skills.

10. Assessment

The means of assessment consists of five compulsory, non-redeemable assessment

tasks and a compulsory tutorial attendance rule. Failure to submit a compulsory

assessment task will result in a student receiving an NCN Grade (a fail grade due to non-

completion) for the entire course. Please note, that an NCN will be awarded even if the task

that is not submitted is worth very few of the total marks available for the course.

The five compulsory, non-redeemable assessment tasks are:

1. an online WATTLE quiz on the material relating to criminal responsibility (worth

5% of the final mark for the course);

2. a written take-home examination (worth 25% of the final mark for the course);

3. a team debate exercise (worth 10% of the final mark for the course); and

4. an online WATTLE quiz on the CrimPro material (worth 10% of the final mark for

the course

5. a formal final examination during the University examination period (worth 50% of

the final mark for the course).

In addition to these five compulsory assessment components, there is a minimum attendance requirement for the classes in this course. The penalty for not meeting the minimum attendance requirement is 5%. Details of these compulsory assessment tasks are set out below. Relationship between Assessment Tasks and Course Objectives

The objectives and learning outcomes of Criminal Law and Procedure are stated above as are

the skills students are asked to practice and refine in this course. Each of the assessment

items as well as the tutorial penalty rule relates to these in the following ways:


The minimum tutorial attendance requirement is primarily designed to ensure that all

students fully and actively engage with the material in this course. Tutorial attendance and

participation gives students confidence with criminal law problem solving and with orally

presenting arguments and approaches used as part of that problem solving task. It also

allows students to receive immediate feedback in class. A stated objective of the course is

that students contribute to the learning of others. Regular attendance and participation is

required so that this and the other objectives in the list above can be pursued. In addition to

crafting legal analysis of criminal liability, all students in all tutorials will also be encouraged to

engage in critical discussion aimed at debating the purposes and values of the criminal law.

The 5% penalty for missing more than 2 tutorials reinforces the importance of tutorial

attendance for the development of the skills assessed in this course.

The two online quizzes will require students to engage closely with the technical aspects of

the law relating to criminal responsibility and criminal procedure and to demonstrate their

understanding of key concepts/legal principles and their application to factual situations. The

format of the quizzes also requires students to recognise whether statements of legal principle

are precise and accurate and accordingly requires them to demonstrate a detailed and

nuanced understanding of the law. The timing and weighting of the first quiz is designed to

allow students to receive early feedback on how well they are understanding basic criminal law

concepts (that will be relevant at future stages of the course) in circumstances where only a

small number of their total marks for the course are in play.

The take-home exam requires students to engage with a set of facts relating to a homicide

problem. Students must analyse those facts and use their knowledge of the legislation and

case law in this area to discern the most appropriate response to a request for legal advice.

The time frame of the take-home exam, requires students to focus their efforts and to apply

their analytical and writing skills both efficiently and effectively.

The team debate exercise introduces a non-intimidating, compulsory, collaborative problem-

solving exercise into a large compulsory course in the supportive atmosphere of tutorial

groups. Students will be asked to analyse a set of facts that raise issues of liability under

assault law and to engage with a specific issue embedded in those facts. The exercise allows

students to develop their teamwork skills which most employers in criminal legal practices or

other (government) organizations consider essential. Skills desired by such employers

include team communication, collaborative legal research and output-focused teamwork. The

task also enables some of the team members to present orally to the tutorial group.

The final exam covers all course content other than criminal procedure (from Weeks 12-13).

It allows for some choice of question from amongst the substantive areas of criminal law

studied throughout the semester. These areas will be combined in particular problem

questions (for example only, one problem question might include homicide, intoxication and

defences issues). Problem style questions test students’ skills in relation to all the course

objectives, with particular emphasis on the first four. They allow students to demonstrate their

depth of knowledge of the law in the areas studied in a realistic and applied context. Students

can also choose to answer an essay question (from a selection of essay topics) designed to

test critical understanding and to allow students to construct sustainable arguments/analyses

by bringing a broad political and social perspective to their discussion of the relevant topic, as

relevant to the final two course objectives.


Assessment Criteria

In assessing all of the assessment items (except the multiple choice quizzes), economy and

clarity in relation to the organisation and presentation of answers will be rewarded.

Assessment criteria relating to particular items of assessment are given below.

Answers to problem questions will be assessed in terms of the capacity of students to do the

following under different conditions in relation to substantive criminal law:

• analyse the facts of a problem and identify the legal issues raised;

• accurately and concisely summarise the relevant law;

• formulate legal arguments relevant to the resolution of the legal issues;

• demonstrate an understanding of how different offences and bodies of criminal law

doctrine overlap and inter-relate in relation to concrete fact situations.

NB: notes to guide exam preparation for both problem and essay questions will be posted

to the WATTLE site.

Answers to essay questions will be assessed in terms of student capacity to:

• correctly and concisely summarise the relevant law and/or body of legal doctrine;

• demonstrate depth of thought on the relevant topic and familiarity with relevant course

readings;

• demonstrate a depth of critical knowledge and understanding with respect to the

purposes and values of the criminal law and the context of its administration;

• apply their knowledge in the development of a sustainable analysis or argument

concerning the topic, issue or debate involved.

The team debate performance will be assessed by tutors in terms of the team’s ability to:

• organise their debate presentation;

• demonstrate depth of knowledge and understanding of the key issues and relevant

law;

• demonstrate clear and accurate legal reasoning (including all aspects of HIRAC

methodology);

• formulate oral legal arguments.

An element of peer assessment will be factored into the final result for the debate (see below).

Peers will be asked to indicate how well each fellow team member (including themselves)

contributed to the team’s work. Each team member will be asked to consider the following

criteria when assessing peers:

• contribution to the team’s ideas and case arguments;

• respect for fellow team members;

• ability to give constructive feedback to fellow members;

• ability to react positively to feedback given to them;

• ability to perform roles and meet deadlines set by the team.

Students will be asked to make these assessments on forms made available in the tutorial in

which the team presents. These peer ratings will be collected by tutors at the end of the

tutorial in which the team presents.

Scoring of the multiple choice WATTLE online quizzes will be plus 1 mark for every correct

answer. Depending on the distribution of these quiz scores, the scores achieved in the quizzes


may require rescaling in order to assist compliance with the LLB and JD grading policy. Such

rescaling would maintain the ranked order of student performances but may adjust the actual

marks obtained on the quizzes.

A detailed description of the assessment components follows. Students are referred to the LLB & JD Handbook for information concerning special consideration and special and supplementary examinations.

1. Minimum Tutorial Attendance Requirement (5% penalty)

Students must attend at least 10 of the 12 tutorials scheduled in this course. The tutorial

attendance rule is that students who miss more than 2 of the 12 compulsory tutorials without

documented illness or special circumstances will receive a penalty of 5%. That is, 5 marks

(out of the 100 marks available) will be deducted from the student’s overall mark for the

course. Tutors will take a roll-call at the beginning of each class. It is the student’s

responsibility to ensure that his/her attendance is duly recorded. Late attendance may result

in the student being recorded as absent. Changes between tutorial groups are not permitted

without the consent of the tutorial convenor (Wendy Kukulies-Smith). Students who are

unable to attend their tutorial due to illness or special circumstances should email Wendy and

their tutor (preferably beforehand) and should also retain evidence of the reasons for their

absence. They must then consult the tutorial convenor as soon as is reasonably practicable.

2. First WATTLE Online Quiz (5%)

The first online quiz will require that students demonstrate their understanding of and technical

competence with the principles of criminal responsibility in NSW and the legislation and case

law taught in relation to those principles in Weeks 1-3 of the course. It will consist of 5

multiple choice questions (randomly generated from a bank of questions) each worth 1 mark.

Students must be thoroughly prepared for the quiz by being up to date with their

reading and on top of the relevant legislative provisions in order to complete the quiz

within the 20 minutes allotted.

Date: The online quiz will be available for completion during the period noon Wednesday 14 March until noon Sunday 18 March (the Sunday before Week 5 begins).

Details: Each student will have 20 mins once they have logged on to WATTLE to

complete the quiz and all questions will appear in one scrollable window as soon as you have logged into the quiz. Note that each student can access the quiz only once and for a maximum period of 20 minutes.

Weighting: 5% of the overall mark for the course. Feedback: Each student will be able to access their quiz scores and feedback on

incorrect answers via WATTLE by logging back into the quiz after the quiz period has ended.

3. Compulsory (Non-redeemable) Take-home Examination (25% of final grade)

There will be a compulsory take-home exam the content of which will be drawn from everything taught in lectures in the first four weeks of the course (as relevant to giving legal advice about a homicide problem). The take-home exam will be released at 1 pm on Friday, 23 March (Week 5) and will be due by 4pm on Monday 2 April (Week 7). The take-home exam will consist of one problem-style question.


Word Length: Maximum 1500 words (calculated according to the instructions set out in the LLB & JD Handbook 2012) Citation Style: Australian Guide to Legal Citation (3

rd Edn),

(http://mulr.law.unimelb.edu.au/aglc.asp)

Weighting: 25% of the overall mark for the course (which will NOT be redeemable) Released: 1 pm, Friday 23 March (Week 5) on the WATTLE site with some hard copies available at the Services Office Due Date: 4pm, Monday 2 April (Week 7) to the chute in the Services Office Coverage: Everything from the first four weeks of lectures in the course as relevant to

giving legal advice in response to question(s) asked about one homicide fact situation.

Feedback: Marked take-home exams will be made available to students before the end

of Week 9 (ie. by Friday 4 May) Default penalties for excess word length and late submission apply (see LLB and JD

Handbook). Extensions must be applied for in writing (to Miriam Gani) in accordance

with the procedure set out in LLB and JD Handbook. Extensions will only be granted

for compelling reasons such as documented illness. It follows, for example, that the

fact that a student ‘has a lot on’ or ‘is juggling a lot of commitments’ will not, of itself,

justify an extension.

4. Team Debate (10% of final grade)

At 5 pm on Monday 2 April (Week 7), a short problem relating to assault law will be posted on the Wattle website. At the same time, each student will be randomly allocated to a group of 5 (or 3-4 in smaller tutes) within their tute of 20 people. Each team will be given one of two distinct issues raised by the posted assault problem for discussion in the team debate. The issues will be labelled “Issue 1” (for debate in Week 9) and “Issue 2” (for debate in Week 10). During tutorials in Week 7/online each team debate group will also be allocated the side (prosecution or defence) which they should prepare for their allocated issue. Each team decides amongst themselves which two (or more) people will speak from each team on the debate day. Each team is responsible for organising face-to-face team meetings to prepare, and we suggest one or two face-to-face meetings to discuss the problem, allocate roles, prepare arguments, select speakers, and to practice speaking according to the time available. An online WATTLE groups chat and document exchange function will be made available to each group, enabling online group discussions. These discussions are private, unable to be viewed by other groups, though, in the case of problems with or complaints about group members or peer assessments, these online discussions can be monitored by the teaching staff. Date: During tutorials in Weeks 9 and 10. During tute: Irrespective of how many people from each team speak, each team will only

have a maximum of 10 mins speaking time in the presentation and 5 minutes in reply, with the condition that different people must speak in the presentation and the reply phases.

Suggested team debate running order for the 50 minutes available in the tute:

• XX.05: Take class roll / Hand out peer evaluation sheets (5 mins)

• XX.10: Prosecution Team: 10 min (max) presentation

• XX.20: Defence Team: 10 min (max) presentation

• XX.30: Prosecution Team: 5 min (max) reply

• XX.35: Defence Team 1: 5 min (max) reply


• XX.40: Feedback / Reflection / Open discussion for up to 15 minutes

• XX.55: Tute ends and students must submit to the tutor their peer assessment sheet of each fellow team member’s contribution to the teamwork (including themselves).

Feedback: Each student’s 10% score from the debate will be available on WATTLE by

the end of Week 12. The starting point for the score that an individual

student will receive for the debate will be the mark out of 10 awarded to the

group by the tutor. That mark will be adjusted down for individual students if

the feedback from fellow group members reflects that they did not perform

satisfactorily against the debate peer assessment criteria listed above.

5. WATTLE online CrimPro Quiz (10% of final grade) The second online quiz will require that students demonstrate their understanding of and

technical competence with all the material taught in relation to Criminal Procedure (the

CrimPro module). It will consist of 10 multiple choice questions (randomly generated from a

bank of questions) each worth 1 mark. There will be 5 questions on pre-trial issues and 5

questions on trial issues. Students must be thoroughly prepared for the quiz by being up

to date with their reading and on top of the relevant legislative provisions in order to

complete the quiz within the 30 minutes allotted.

Date: To be scheduled in the final examination period. Before quiz: A problem scenario upon which the multiple choice quiz questions will be

based will be released at noon on Monday 28 May (Week 13). Writing time: Each student will have 30 mins once logged on to complete the quiz and all

questions will appear in one scrollable window as soon as you have logged into the quiz. Note that each student can access the quiz only once and for a maximum period of 30 minutes.

Weighting: 10% of the overall mark for the course. Feedback: Each student will be able to access their quiz scores and feedback on

incorrect answers via WATTLE by logging back into the quiz after the quiz period has ended.

6. Compulsory Final Exam (50% of final grade) There will be an exam during the end of semester examination period the content of which will be drawn from all material covered in the course. Details of the final exam are as follows:

Date: To be scheduled in the formal exam period. Reading time: 1 hour (30 mins per each of two questions selected) Writing time: 1 hour and 40 minutes (50 minutes per each of two questions selected) Weighting: 50% of the overall mark for the course Content: The exam will contain four questions and each student must answer two

questions (worth 25 marks each) from a choice of 4 questions. Three of the four questions will be problem style questions. The fourth question will be an essay/critical comment style question.

Permitted: Any materials except ANU Library books.


Feedback: Marked exam scripts will be available for collection from the Services Office once official grades are released on the ISIS system.

General statement on assessment

Please check the course WATTLE site for any changes in the dates of intended assessment.

In accordance with the University’s Principles for Determination of Systems of Assessment,

the course coordinator or lecturer will discuss with and explain to you the assessment system

in classes during the first two weeks of the semester.

Information about the College’s rules and policies about assessment—including special

consideration and special and supplementary examinations, penalties associated with

exceeding word lengths and lateness—is contained in the ANU College of Law LLB &JD

Handbook 2012 – available in hard copy from the Student Administration Office or Services

Office, and online at http://www.law.anu.edu.au. Links to this information will be available on

the course WATTLE site. Unless otherwise specified in the assessment scheme detailed

above, the policies, procedures and penalties specified in the LLB & JD Handbook will apply to

all assessment in this course.

11. Student Feedback to Lecturers and Evaluation

Students are welcome to communicate thoughts about course activities via email / WATTLE private discussion forum with teaching staff, by posting discussion items to the public forum on the WATTLE site. Each student will be invited to complete online evaluations of the course and the teaching staff in the final week of semester and for some time prior to the examination.

12. Further Information about the Course

All further information about this course can be found on the course WATTLE website.

13. General Information

College of Law Rules and Policies

Further information about the College’s Rules and Policies may be found in the LLB & JD

Handbook which is available in hard copy from the Law School Office or online at

http://law.anu.edu.au. The ANU Handbook for students can be found at

http://students.anu.edu.au/

Academic Honesty and Plagiarism

Students are reminded to familiarise themselves with the University policies and procedures

on academic honesty and plagiarism which can be accessed at

http://academichonesty.anu.edu.au/

Library

Information about the Law Library, including opening hours, can be found at

http://anulib.anu.edu.au/subjects/law/collection/building.html


Academic and Personal Support

Students experiencing academic or personal problems are welcome to discuss these with any

member of the academic staff, the Sub Dean (make an appointment at the Law School

Office), or to utilise the ANU's student support services links to which can be found at

http://students.anu.edu.au/ (including the Academic Skills and Learning Centre at

http://www.anu.edu.au/academicskills/, the Counselling Centre at

http://www.anu.edu.au/counsel/ and the Disability Services Unit at

http://www.anu.edu.au/disabilities/ ).

WEEK-BY-WEEK LECTURE OUTLINE

WEEK 1 – INTRODUCTION; CRIMINALISATION; CRIMINAL RESPONSIBILITY (MIRIAM GANI)

Outline of Lectures

The lectures this week will introduce students both to the course and, more generally, to the

objectives and principles underlying the criminal law. The lectures will consider how criminal

law has evolved as a discipline, and the increasing importance of societal factors in shaping

its content and processes. This section of the course highlights the tensions between

competing values: legality, fairness, individual justice, community interests etc. It will also

emphasise the changing character of the criminal law, drawing on historical and sociological

materials. At the end of the week, we will start talking about criminal responsibility, ahead of

week 2 lectures on this topic and the beginning of the tutorial program.

Required Reading

B & McS: Chapters 1 and 2.

Further Reading

B McSherry and B Naylor, Australian Criminal Laws (Melbourne: Oxford University Press,

2004) Chapter 1: Defining Criminal Laws.

R Hayes and M Eburn, Criminal Law and Procedure in New South Wales (3rd ed, Chatswood:

Lexis-Nexis Butterworths, 2009), Chapter 1: General Principles [1.1-1.37].

D Brown, D Farrier, S Egger, L McNamara, A Steel, M Grewcock, and D Spears, Brown,

Farrier, Neal and Weisbrot’s Criminal Laws: Materials and Commentary on Criminal Law and

Process in New South Wales (5th ed, Sydney: Federation Press, 2011), Chapter 1: Some

Themes; Chapter 2: Criminalisation.

No tutorials

___________________________________________________________

WEEK 2 - CRIMINAL RESPONSIBILITY (MIRIAM GANI)

Outline of Lectures

The significance of bad Latin: Actus non facit reum nisi mens sit rea (an act does not make a

person guilty unless his/her mind be also guilty). The criminal law divides crimes into the

physical element (actus reus) and fault element (mens rea). The role of fault, both subjective

(actual mental state of the accused) and objective (imputed from what the reasonable person

should have known). Criminal liability based on negligence. The rise of no-fault forms of

liability that remove or limit mental state requirements: crimes of strict and absolute liability. An

introduction to the topics such as: concurrence between physical (actus reus) and fault (mens

rea) elements, the requirement that conduct must be voluntary, denial of voluntariness on the

basis of "automatism", and attempts to limit the use of self-induced intoxication as a basis for

denying liability. Burden and standard of proof will also be discussed. Note that many of these

concepts will be revisited every time we discuss a new offence.


Required Reading

B & McS: 130-146, 185-223; 231-234; 254-267; 271-290; 905-910.

Cases: Woolmington v DPP [1935] UKHL 1 (B & McS: 130).

Ryan v The Queen (1967) 121 CLR 205 (SMs).

Jiminez v The Queen (1992) 173 CLR 572 (SMs).

Thabo Meli [1954] 1 All ER 373 (SMs).

Fagan v Commissioner of Metropolitan Police [1989] 1 QB 439 (SMs).

R v Miller [1983] 1 All ER 978 (SMs).

Legislation: Crimes Act 1900 (NSW), ss 4A, 5 and 7; Part 1A; Part 11A, ss 428A-428H

(SMs).

Further Reading

CTM v The Queen [2008] HCA 25. (Add Mats).

Lord Irvine of Lairg, “Reflections on Intention, Recklessness and Moral Blameworthiness:

Reflections on the English and Australian Law of Criminal Culpability” (2001) 23 Sydney Law

Review 5 (Add Mats).

Tutorial: Introductory tutorial including basic concepts of criminal responsibility (see Tutorial Guide)

___________________________________________________________

WEEK 3 – HOMICIDE 1: MURDER (MIRIAM GANI)

Outline of Lectures

This week we will be looking in detail at the offence of murder. In particular, we will be

examining: the nature of the offence; legal concepts of when life begins and ends; the

meaning of intention and recklessness in the context of murder; the tests of causation;

constructive murder; and intoxication in relation to murder and manslaughter.

Required Reading

B & McS: 187-197; 231-234, 503-511; 522-532.

Cases: Royall v The Queen (1992) 173 CLR 378 (SMs)

(noting re causation: R v Smith [1959] 2 QB 35, R v Blaue [1975] 1 WLR 1411, R

v Evans and Gardiner (No 2) [1976] VR 523, R v Hallett [1969] SASR 141, R v

Pagett (1983) 76 Cr App R 279); and

noting re mens rea and constructive murder: Mraz v The Queen (1955) 93 CLR

493, Crabbe (1985) 156 CLR 464, Pemble v The Queen (1971) 124 CLR 107,

Ryan [1967] ACR 577; and Munro (1981) 4 A Crim R 67).

Arulthilakan v R ((2003) 203 ALR 259 (Add Mats)

R v Grant (2002) 55 NSWLR 80 (SMs).

Legislation: Crimes Act 1900 (NSW) Part 3, Division 1, ss17A-24. (SMs).


Further Reading

R v Iby [2005] NSWCA 178 (Add Mats)

R v Moffatt [2000] NSWCCA 174 (Add Mats)

Tutorial: Criminal Responsibility (Strict and Absolute Liability) (see Tutorial Guide)

____________________________________________________________

WEEK 4 – HOMICIDE 2: MANSLAUGHTER (MIRIAM GANI)

Outline of Lectures

The topic for the second week of the homicide lectures is the offence of manslaughter. In

particular we will be looking at: the distinction between voluntary and involuntary

manslaughter; and the two categories of involuntary manslaughter in NSW - lawful and

dangerous act manslaughter and manslaughter by gross negligence.

Required Reading

B & McS: 532-542, 231-234 (review concurrence law).

Cases: Wilson v The Queen (1992) 174 CLR 313 (SMs)

(also noting Pullman (1991) 58 A Crim R 222 (Add Mats), Gunter (1921) 21 SR

(NSW) 282, Lamb [1967] 2 QB 981; and Pemble (1971) 124 CLR 104).

Nydam [1977] VR 430 (SMs)

(also noting R v Lavender (2005) 218 ALR 521; [2005] HCA 37, Russell [1933]

VLR 59, Stone and Dobinson [1977] 1 QB 354, Taktak (1988) 14 NSWLR 226,

Taylor (1983) 9 A Crim R 358; and Wills [1983] 2 VR 201).

Legislation: Crimes Act 1900 (NSW) Part 3, Division 1, ss 17A-24. (SMs).

Further Reading

R v Do, Manh Viet [2001] NSWCCA 19 (Add Mats)

R v Burns [2009] NSWDC 232 (Add Mats)

Tutorial: Murder (see Tutorial Guide)

WEEK 5– DEFENCES 1: PROVOCATION (MIRIAM GANI)

Outline of Lectures

The difference between complete and partial defences will be discussed using provocation

and self-defence as examples. The provocation defence in NSW will be discussed in terms of

a history of common law and statutory reform to the relevant legal tests. The subjective and

objective limbs of the provocation defence will be discussed. Controversies surrounding use of

provocation in some contexts, for example, attempts to argue a homosexual advance defence

and defences available to battered women who kill, will be discussed.


Required Reading

B & McS: 293-315.

Cases: Stingel (1990) 171 CLR 312 (SMs).

Masciantonio (1995) 183 CLR 58 (SMs).

Green (1997) 148 ALR 659 (SMs).

Osland v The Queen (1999) 159 ALR 170 (SMs, NB the “Defences” extract).

Legislation: Crimes Act 1900 (NSW), s23, ss418-423 (SMs).

Further Reading

NSW Bench Book Extracts on Provocation and Self-Defence jury directions (Add Mats).

P Fairall and S Yeo, Criminal Defences in Australia (4th ed, Sydney: LexisNexis Butterworths,

2005).

Heron v The Queen [2003] HCA 17 (Add Mats).

R v Russell [2006] NSWSC 722 (Add Mats).

R v Ferguson [2008] NSWSC 761(Add Mats).

R v Khalouf [2005] NSWCCA 395 (Add Mats).

I Leader-Elliott, ‘Sex, Race and Provocation: In Defence of Stingel’ (1996) 20 Crim LJ 72.

E Sheehy, J Stubbs, J Tolmie, ‘Defending Battered Women on Trial: The Battered Woman

Syndrome and its Limitations’ (1992) 16 Crim LJ 369.

CJ Simone, ‘Kill(er) Man Was a Battered Wife the Applicaton of Battered Woman Syndrome

to Homosexual Defendants: The Queen v. McEwen Comments and Notes’ (1997) 19 Sydney

Law Review 230.

Tutorial: Preparation for Criminal Law mid-semester takehome exam (see Tutorial Guide)

_____________________________________________________________

WEEK 6– DEFENCES 2: SELF-DEFENCE (MIRIAM GANI)

Outline of Lectures

Statutory reforms leading to the current version of the self-defence tests in NSW will be

discussed. The tension between subjective and objective standards will be highlighted.

Controversies surrounding the return to excessive self defence as a partial defence in NSW

will be discussed. Intoxication arguments will be revisited in the context of arguing both

defences as will be concerns over “self-induced” threats.

Required Reading

B & McS: 333-351.

Cases: Osland v The Queen (1999) 159 ALR 170 (SMs, NB the “Defences” extract).

Katarzynski [2002] NSWSC 613 (SMs).


Further Reading:

R v Burgess; R v Saunders [2005] NSWCCA 52 (Add Mats).

R v Vuni [2005] NSWSC 184 (Add Mats).

R v Muddle [2004] NSWSC 403 (Add Mats).

Tutorial: Manslaughter (see Tutorial Guide)

_____________________________________________________________

WEEK 7 – ASSAULT (WENDY KUKULIES-SMITH)

Outline of Lectures

This is the first of two weeks of lectures addressing non-fatal offences against the person.

This week we will study the law of assault. In particular, we will look at: the current NSW

statutory regime, common assault, aggravated assaults, the common law and statutory

definitions of actual and grievous bodily harm, and lawful justifications.

Required Reading

B & McS: 561-583, 585-600.

Cases: Fagan v Commissioner of Metropolitan Police [1989] 1 QB 439 (SMs).

Zanker v Vartzokas (1988) 34 A Crim R 11 (SMs).

Knight (1988) 35 A Crim R 314 (SMs).

R v Ireland; Burstow [1997] 4 All ER 225 (SMs).

R v Lardner (unreported NSWCCA, 10 September 1998, BC 9804715) (SMs).

Coleman (1990) 19 NSWLR 467 (SMs).

Legislation: Crimes Act 1900 (NSW), ss 4, 4A, 33, 33A, 33B, 35, 54; 58, 59, 59A, 60AA, 60,

60A, 60B, 60C, 61, 61AA (SMs).

Further Reading:

D Brown, D Farrier, S Egger, L McNamara, A Steel, M Grewcock, and D Spears, Brown,

Farrier, Neal and Weisbrot’s Criminal Laws: Materials and Commentary on Criminal Law and

Process in New South Wales (5th ed, Sydney: Federation Press, 2011) 626-692.

B&McS all of chapter 10.

Tutorial : Defences (see Tutorial Guide)

Important Note: This week, the Team Debate problem will be released and teams will

be announced (and allocated their issue and side). Team members should spend some

time in the tutorial this week swapping contact details and deciding about face-to-face

meetings and/or online group contact via WATTLE.


TEACHING BREAK Friday 6 April – Friday 20 April (inclusive)

____________________________________________________________

WEEK 8 – SEXUAL ASSAULT (WENDY KUKULIES-SMITH)

Outline of Lectures

This week we will focus on the law governing sexual assault in NSW. In 2006 the NSW sexual

assault provisions were the subject of substantial review. This resulted in wide scale reform.

The reforms took effect on the first of January 2008 through the Crimes Amendment

(Consent-Sexual Assault Offences) Act 2007. Care should be exercised when studying for this

topic that commentary in cases and textbooks may refer to historic legislative provisions.

The lectures this week will guide students through the reforms and closely examine the new

provisions. In particular, we will examine: the history and development of the law in this area,

the offence of sexual assault, consent, grounds for negating consent, mistaken belief in

consent, aggravated sexual assaults including sexual assault in company and the rape shield

laws (see further s 293 of the Criminal Procedure Act 1986 (NSW) extracted in tutorial

question for Week 11).

Required Reading

B & McS: 623-675.

Cases: R v Tolmie (1995) 37 NSWLR 660 (SMs).

Papadimitropoulos (1958) 98 CLR 249; (1958) ALR 21 (SMs).

R v Button; R v Griffin (2002) 54 NSWLR 455 (SMs).

Legislation: Crimes Act 1900 (NSW), ss 61H, 61HA, 61I, 61J, 61JA, 61K, 61L, 61M, 61N,

61O, 61Q, 61S, 61T, 63, 66F, 73, 77 (SMs).

Further Reading:

Banditt v The Queen (2005) 224 CLR 262 (Add Mats)

R v Chant; R v Madden (unreported, NSW Court of Criminal Appeal, 12 June 1988) (Add

Mats)

Ian Dobinson and Lesley Townsley, ‘Sexual Assault Law Reform in New South Wales: Issues

of Consent and Objective Fault’ (2008) 32 Crim LJ 152 (Add Mats)

Tutorial: Assault (see Tutorial Guide)

Important Note: Team Debate teams should continue to meet face-to-face or online to

discuss the problem, prepare, select speakers, and to practice and time argument

submissions.


WEEK 9 – PARTIES TO CRIME (MIRIAM GANI)

Outline of Lectures

This week, we look at how the criminal law holds liable those people who assist, encourage or otherwise are parties to the crime of another. The areas we will cover include: distinguishing between modes of participation; contrasting acting in concert, common purpose and accessorial liability; the procedural provisions of the NSW Crimes Act 1900; and understanding the fault elements of complicity.

Required Reading

B & McS: 381-441.

Cases: Osland v The Queen (1999) 159 ALR 170 (SMs).

Giorgianni (1985) 156 CLR 473 (SMs).

McAuliffe and McAulliffe (1995) 130 ALR 26 (SMs).

Clayton v The Queen; Hartwick v The Queen; Hartwick v The Queen (2006) 231 ALR

500 (SMs).

R v Taufahema (2007) 228 CLR 232 (Add Mats).

Legislation: Crimes Act 1900 (NSW), Part 9, ss 345-s351B (SMs).

Further Reading

Common criminal enterprise: Damien Carrick interviewing Simon Bronitt and Alex Steel on

The Law Report (ABC Radio National, December 2006), discussing Clayton:

http://abc.net.au/rn/lawreport/stories/2006/1812557.htm (available via WATTLE site)

Tutorial: Team Debate (Issue 1)

___________________________________________________________

WEEK 10 – PROPERTY OFFENCES 1 (MIRIAM GANI)

Outline of Lectures

This is the first of two weeks on property offences under ACT Law (see below). Note, the varieties of law in relation to property offences in state/territory jurisdictions in Australia:

• Common Law (NSW) (Note the Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 (NSW) which introduces some new definitions and fraud offences, however).

• Legislation based on the English Theft Act 1968 (Vic, SA and NT).

• Code offences - jurisdictions that have Criminal Codes based on the Draft Code developed by Sir Samuel Griffith in 1897 (Qld, WA, Tas).

• Code offences based on the Model Criminal Code - the provisions of which were themselves based on the Theft Act 1968 (UK) - (ACT).

For the purposes of this course, we will focus on the law of theft in the ACT (not NSW).

The law of larceny, which still applies in NSW, is only of historical background interest and is

not examinable: B & McS: 711-718.


The ACT codified offences came into force on 9 April 2004 as Chapter 3 of the Criminal Code

2002 (ACT). Prior to that, the legislation relating to property offences in the ACT was found in

Part 6 of the Crimes Act 1900 (ACT), originally enacted in the Crimes (Amendment)

Ordinance (No.4) 1985, s.10 of which abolished larceny and related common law offences in

the ACT. Like the new ACT code offences, which are modelled on the MCC provisions, the

pre-April 2004 property offences in the ACT were based on the Theft Act 1968 (UK).

Required Reading

B & McS: 707-711; 718-773.

Legislation: Criminal Code 2002 (ACT), Part 2.2, ss 11-24; 35-36; 38 (SMs); and Chapter 3,

ss 300-308; 317-318; 321-324; 325-331; 336; 370-373; Dictionary (SMs).

Tutorial: Team Debate (Issue 2)

___________________________________________________________

WEEK 11 – PROPERTY OFFENCES 2 (MIRIAM GANI)

Outline of Lectures

This week we will continue the lectures on ACT property offences which we began last week.

In particular, we will focus on fraudulent conduct including: obtaining by deception: objective

or subjective standards.

Required Reading

B & McS: 779-790.

Legislation: Criminal Code 2002 (ACT), Part 2.2, ss 11-24; 35-36; 38 (SMs); and Chapter 3, ss 300-308; 317-318; 321-324; 325-331; 336; 370-373; Dictionary (SMs). Tutorial: Sexual Assault (see Tutorial Guide)

WEEK 12 – CRIMPRO 1: PRE-TRIAL PROCEDURE (WENDY KUKULIES-SMITH)

Outline of Lectures

Weeks 12 and 13 of the course cover Criminal Procedure. This aspect of the course is

delivered via the CrimPro module supported by the weekly lectures. The CrimPro module is

available on the course WATTLE site. All materials for the CrimPro module are available on

WATTLE including weekly required reading lists, key cases and legislation. There are also

multimedia materials included in this module which can be streamed from the CrimPro module

on WATTLE or on the DVD available on 2 day loan from the reserve collection in the Law

Library. The audio visual material that supports this module resulted from collaboration

between previous undergraduate students and the police academy in Goulburn.


This week we will cover “CrimPro: Pre-Trial”. The lectures will cover pre-trial processes in

summary and indictable proceedings.

Tutorial: Parties to Crime (see Tutorial Guide)

WEEK 13 – CRIMPRO 2: TRIAL PROCEDURE (WENDY KUKULIES-

SMITH)

Outline of Lectures

The lectures in Weeks 12 and 13 support the CrimPro module. As described on page 23 of

this course outline the CrimPro module is available from the course WATTLE site. All

materials for the CrimPro module are available on WATTLE including weekly required reading

lists, key cases and legislation.

This week we will cover “CrimPro: Trial”. The lectures will cover issues relating to summary

trials as well as noting some issues and procedures also relevant to prosecution of indictable

offences.

Tutorial: Property Offences (see Tutorial Guide)

NOTE THAT TUTORIAL PROBLEMS ARE CONTAINED IN A SEPARATE TUTORIAL GUIDE

LAWS1206 2012 Course Study Guide FINAL

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Transcript of LAWS1206 2012 Course Study Guide FINAL