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 - 2022
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 Survey, verbal comments to the UC, email communication to the UC.
Students spoke positively of the availability of the unit notes, podcast and assessment information on the day Moodle went live as it gave students an opportunity to commence their study before week one.
The UC will continue to have all unit materials, podcasts and assessment information available on Moodle the day the unit goes live to give students an opportunity to prepare for the unit before week one.
Feedback from Verbal comments to the UC in Zoom sessions and in email communication to the UC
Students enjoyed the practical aspect of assessment one where they wrote submissions for a bail application as it gave students an insight into legal practice as a criminal lawyer.
The UC will continue to design and implement assessment tasks that have an advocacy component. Given the size of Criminal Law (averaging 150 to 180 students per offering) that is likely to be written submissions in respect of a real-life criminal law scenario which may include a bail application or a sentencing hearing.
Feedback from Survey and email to UC.
Some students questioned the use of a textbook published in 2020 for the offering of this unit in 2021 and that textbook information could be made available before the term commences.
The use of a 2020 textbook in 2021 should not be considered out of date. The law changes almost weekly in most areas of the law, for example, new legislation, amendments to current legislation and new case law. A textbook is a resource to direct the reader to further research. The UC will make sure that the most appropriate textbook that covers as many of the topics studied will be prescribed. The textbook information is available in the unit profile which is published more than one month before the unit goes live. Further, the textbook details are available on Moodle when Moodle goes live, which is two weeks before week one.
- 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 - Take Home Exam - 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 - Take Home Exam - 60% | ||||||||||
Textbooks
Principles of Criminal Law in Queensland and Western Australia
3rd Edition (2020)
Authors: Kelley Burton, Thomas Crofts, Stella Tarrant
Lawbook Co., Australia
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455242972
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
l.rundle@cqu.edu.au
Module/Topic
Introduction to criminal law principles, the warrant and arrest process and bail
Chapter
Chp 1 & 2
Events and Submissions/Topic
Module/Topic
Criminal law court process and sentencing
Chapter
Chp 16
Events and Submissions/Topic
Module/Topic
Inchoate and secondary liability
Chapter
Chp 14 & 15
Events and Submissions/Topic
Module/Topic
Homicide
Chapter
Chp 4
Events and Submissions/Topic
Module/Topic
Assault and sexual assault
Chapter
Chp 5 & 6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Offences relating to property (stealing and robbery)
Chapter
Chp 7
Events and Submissions/Topic
Module/Topic
Offences relating to property (burglary, receiving, fraud) and drug offences
Chapter
Chp 7 & 8
Events and Submissions/Topic
Module/Topic
Defences - mistake
Chapter
Chp 13
Events and Submissions/Topic
Module/Topic
Defences - self help and provocation
Chapter
Chp 10 & 9
Events and Submissions/Topic
Module/Topic
Mental disease insanity
Chapter
Chp 12
Events and Submissions/Topic
Module/Topic
Defences - intoxication
Chapter
Chp 12
Events and Submissions/Topic
Module/Topic
Revision and preparation for final assessment
Chapter
See week 12 on Moodle
Events and Submissions/Topic
Module/Topic
Final take home exam
Release date and due time to be advised during the term
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
You will be presented with a criminal law problem scenario, and the assessment question will be released on Moodle under the assessment tile.
You will be required to undertake research of legislation and case law and apply this research to support your legal argument.
The purpose of this assessment is to develop and build your legal advocacy skills.
Week 9 Monday (9 May 2022) 8:00 am AEST
To be uploaded to Moodle via the assessment 1 upload link as a word document
Week 12 Monday (30 May 2022)
The assessment with feedback will be returned after all students in this unit, including those with an approved extension, have submitted their assessment.
You will be assessed on your research skills, your ability to reference case law and reference legislation so as to outline your legal argument linking the law to the problem scenario using concise, clear and grammatically correct language. A marking rubric will be provided with the question on Moodle.
High Distinction standard:
the assignment is very well written/spoken and clearly expressed
· there is a demonstrated appreciation and understanding of the issues involved
· the assignment is well structured and logically organised
· demonstrated mastery of referencing system
· there is evidence of a comprehensive analysis of the issues
Distinction standard:
· the assignment is well written/spoken and expressed
· the assignment is structured and logical
· the issues have been reasonably well identified and appreciated
· there is the correct use of referencing
· issues have been analysed
Credit standard:
· the assignment is generally well written/spoken and expressed
· the assignment is structured and sequential
· referencing is satisfactory
· issues are identified and addressed
· there has been an attempt to analyse some of the issues
Pass standard:
· the assignment is able to be followed and understood
· the assignment could perhaps be better organised and structured
· the referencing may need improvement
· issues may need to be identified and addressed in more depth
· analysis when present may be incorrect
Fail standard:
· the assignment is sometimes significantly short of the required length
· the expression is poor and difficult to understand
· the assignment is poorly organised
· there has been a failure to address the issues in the question
· referencing is generally inadequate
- 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
2 Take Home Exam
The Final Take Home Exam will be released on Moodle and is due in the exam week. The release date, due date and time will be advised by the Unit Coordinator during the term.
The assessment will comprise criminal law problem scenarios requiring legal arguments based on legislation and case law.
A marking rubric will be provided on Moodle with the question.
You must upload your answer on Moodle in a word document.
This assessment task must be completed by the due date and time. Submissions after the deadline has passed will not be accepted. Extensions are not available for this assessment. Failure to submit by the deadline will result in a mark of zero for this assessment as the paper will not be marked. Exam conditions apply to all take home papers.
To be uploaded to Moodle via the assessment 2 upload link as a word document on a date to be advised by the Unit Coordinator
Students will receive their mark for this assessment and their grade for the unit on the date of certification/ release of grades.
You will be assessed on the identification of legal issues, your research skills, your ability to reference case law, your ability to reference legislation and the outline of your legal argument linking the law to the problem scenario using concise, clear and grammatically correct language.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
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?
