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 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 - 2024
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 Student feedback
Positive feedback from students that the bail application was authentic.
It is recommended that Criminal Law continue to adopt authentic assessment tasks. Criminal Law is well suited for authentic assessment tasks given the practice of criminal law involves oral advocacy such as a bail application or a sentencing hearing and written advocacy such as an appeal.
Feedback from Student feedback, moodle and email
Positive feedback from students that the feedback on the bail application gave them practical tips and suggestions for criminal law practice.
Authentic assessment tasks such as a bail application should give students feedback in two forms, the first is pre due date feedback in the form of practical discussions with students in the Zoom sessions and post submission feedback in the form of specific suggestions on how to improve legal advocacy in the criminal law context.
Feedback from Student feedback
In some Zoom sessions students had an opportunity to debate recent criminal law topics which students said gave them an opportunity to interact.
The UC will continue to develop moot topics in live Zoom sessions to encourage students to practice their legal argument (in a non assessed context) which is a key legal advocacy skill for legal practice.
- 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 | |
| 1 - Written Assessment - 40% | |||
| 2 - Take Home Exam - 60% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 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 | |||
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)
- Camera and microphone for attending Zoom tutorials
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
n.corbett-jarvis@cqu.edu.au
r.boivin@cqu.edu.au
Module/Topic
Introduction to criminal law principles, warrant and arrest process, and bail
Chapter
Textbook: Chapters 1 & 2
Events and Submissions/Topic
Module/Topic
Court processes in criminal law and sentencing
Chapter
Textbook: Chapter 16
Events and Submissions/Topic
Module/Topic
Incohate and secondary liability
Chapter
Textbook: Chapters 14 & 15
Events and Submissions/Topic
Module/Topic
Homicide
Chapter
Textbook: Chapter 4
Events and Submissions/Topic
Module/Topic
Assault and sexual assault
Chapter
Textbook: Chapters 5 & 6
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Offences relating to property (stealing and robbery)
Chapter
Textbook: Chapter 7
Events and Submissions/Topic
Module/Topic
Offences relating to property (burglary, receiving, fraud) and drug offences
Chapter
Textbook: Chapters 7 & 8
Events and Submissions/Topic
Module/Topic
Defences: Mistake
Chapter
Textbook: Chapter 13
Events and Submissions/Topic
Module/Topic
Defences: Self Help and Provocation
Chapter
Textbook: Chapters 9 & 10
Events and Submissions/Topic
Module/Topic
Defences: Insanity
Chapter
Textbook: Chapter 12
Events and Submissions/Topic
Module/Topic
Defences: Intoxication
Chapter
Textbook: Chapter 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 to be held during the exam period
Release date and time of the exam 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 you must advance legal arguments on behalf of one or more of the characters in the scenario. To complete the task you must undertake legal research and apply this research to support your legal argument.
The purpose of this assessment is to develop and build your legal advocacy skills and written communication skills.
Week 9 Tuesday (7 May 2024) 6:00 pm AEST
Students must upload their assessment as a Word document.
Week 12 Monday (27 May 2024)
The assessment and 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 ability to:
- conduct legal research,
- identify issues,
- apply the law to the facts
- advance persuasive legal arguments,
- communicate effectively in writing, and
- referencing in accordance with the Australian Guide to Legal Citation (AGLC4)
A criteria rubric will be provided in Moodle under the 'Assessment' tile.
- 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.
2 Take Home Exam
This individual written assessment involves answering questions on a hypothetical scenario, covering any of the topics raised in this unit. Students have a limited timeframe to submit their answers on Moodle and must be invigilated via Zoom while they complete this assessment. Students will be advised of the exact time for the assessment via Moodle once the examination timetable has been finalised.
The invigilated take-home examination is 2.5 hours (150 minutes) duration. Students should consult the Invigilated Take-home Examination Guidelines, College of Law, Criminology and Justice, available from the Laws Moodle site. A requirement of these guidelines is that students must obtain a student card for verification purposes.
Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle site via an Internet browser.
Extensions are not permitted for invigilated take-home examinations.
Submissions after the deadline has passed will not be accepted and will receive a mark of zero.
Failure to attend the invigilated take-home examination will result in a mark of zero.
Exam conditions apply to all invigilated take-home examinations.
Students must upload their paper as a Word document to Moodle. Date and time to be advised once the examination timetable has been finalised
Results will be withheld until certification of grades.
You will be assessed on your ability to:
- identify legal issues,
- explain the law and apply it to the facts,
- advance legal arguments,
- reach logical conclusions,
- communicate effectively in writing, and
- reference in accordance with the Australian Guide to Legal Citation (AGLC4).
- 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.
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?
