Overview
LAWS11060 Criminal law provides knowledge of the procedures of and general doctrines of criminal law with emphasis on offences against the person (including murder, manslaughter and assault) and against property (including stealing) as expressed in the Queensland Criminal Code. Selective treatment is given to various defences and to the elements of criminal procedure. This unit together with LAWS13010 Evidence and Proof meets the LPAB requirements for criminal law and procedure.
Details
Pre-requisites or Co-requisites
Corequisite: LAWS11057
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2019
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from In zoom sessions and via email
Students commended the practical nature of assessment 1 which required students to prepare written submissions for court.
The UC will continue to teach practical skills and include a practical based assessment in this unit to prepare students for legal practice.
- Analyse and explain criminal law offences against the person and against property
- Analyse and explain the elements of the criminal offence or defence, and the onus and burden of proof
- Research and apply principles of criminal law in Queensland as expressed in legislation and case law to the analysis of criminal law problems
- Apply skills in communication, critical legal thinking and reasoning.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 40% | ||||
| 2 - Examination - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Examination - 60% | ||||||||||
Textbooks
Criminal Law in Queensland and Western Australia: Cases and Commentary
Edition: 8th (2018)
Authors: Eric Colvin, John McKechnie and Jodie O’Leary
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
Binding: Paperback
Additional Textbook Information
Paper copies will be available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- ZOOM
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
j.oleary@cqu.edu.au
Module/Topic
1. Definition of crime and classification of offences
2. Aims and principles of criminal law and punishment
3. Sources of criminal law in Australia and proof
4. Introduction to research and writing for criminal law
Chapter
Colvin et al: Chapters 1-2
Events and Submissions/Topic
Module/Topic
1. Arrest and Bail
2. Elements of crimes: capacity - corporations, children
Chapter
Colvin et al: Chapter 25 (paras 25.1-25.42 and 25.66C and 25.67C) and Chapter 21
Events and Submissions/Topic
Module/Topic
Elements of crimes cont'd:
- conduct (act v omission)
- causation, strict liability
- mental element - intention, wilfulness/recklessness, negligence
- lack of any available defence - justification/excuse
Chapter
Colvin et al: Chapter 3 (paras 3.7-3.22C), Chapter 4 (paras 4.9-4.16, 4.30-4.40, 4.46C-4.49C, 4.54C), Chapter 7 (paras 7.46-7.48, 7.54C) and Chapter 10
Events and Submissions/Topic
Module/Topic
Chapter
Colvin et al: Remaining paras of Chapters 3 and 4 (revise last week's paras as well)
Events and Submissions/Topic
Module/Topic
Non-fatal offences against the person:
1. Assault-based offences, injury-based offences
2. Sexual Offences
Chapter
Colvin et al: Chapters 5-6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
1. Property Offences
2. Drug Offences
Chapter
Events and Submissions/Topic
Module/Topic
Defences:
- Lack of will/accident
- Mistake of fact
- Ignorance of the law
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Defences:
- Provocation
- Compulsion, Emergency and Medical Necessity
Chapter
Events and Submissions/Topic
Module/Topic
Mental deficiency defences:
- Insanity
- Diminished Responsibility
- Automatism
- Intoxication
Chapter
Events and Submissions/Topic
Module/Topic
1. Inchoate liability
2. Secondary liability
Chapter
Events and Submissions/Topic
Module/Topic
1. Criminal process: Preliminary examination, Pre-trial applications, Trial, Verdict, Sentence and Appeal
2. Revision and exam-writing skills
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This assignment will be released on Moodle. The assignment document will include a problem scenario, the assignment question, instructions and marking rubric. You will be required to undertake research of legislation and case law and apply this research to support your legal argument and conclusion.
Week 4 Friday (5 Apr 2019) 11:45 pm AEST
To be uploaded to Moodle via the assessment 1 upload link as a word document
Week 7 Friday (3 May 2019)
The assessment with feedback will be returned approximately two weeks after all students in this unit, including those with an approved extension, have submitted their assessment.
You will be assessed according to the rubric provided in the assignment document.
- Research and apply principles of criminal law in Queensland as expressed in legislation and case law to the analysis of criminal law problems
- Apply skills in communication, critical legal thinking and reasoning.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
Examination
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
