76037 Advanced Criminal Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((70218 Criminal Law OR 70114 Criminal Law and Procedure)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject builds upon the core subject 70114 Criminal Law and Procedure and is directly relevant to students contemplating professional practice in criminal law. The subject examines the major forms of crime, which affect society today, including social responses that are global in nature, for example, terrorism and slavery. In addition, the subject considers recent and proposed amendments to a number of criminal defences. Students critically evaluate these crimes and criminal defences, society's response to them and governmental policy on which they are said to be based. To put this in context, the subject begins with an examination of the principles on which criminal laws are constructed and are said to operate. Particular emphasis is placed on current law and order politics and the effect this has had on criminal law reform.
The subject not only builds upon the syllabus in 70114 Criminal Law and Procedure, but also considers many of the laws and legal principles covered in greater depth and detail. While students were briefly introduced to criminal law theory in 70114, this subject not only considers such theory in detail but also positions it as the cornerstone of our criminal law and the context in which to critically understand the process of criminalisation.
Students build on their research and communication skills and their ability to critically analyse and evaluate the criminal law and legal system through engaging with subject materials, seminar discussions and assessment tasks, including a collaborative class presentation and research essay.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Explain, evaluate and clearly communicate the theoretical underpinnings of the criminal law and its common law traditions. |
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| 2. | Analyse and assess the apparent conflicts and contradictions in the general principles of criminal law. |
| 3. | Identify, analyse and evaluate the issues impacting on the criminal law and the political and social factors that currently shape it. |
| 4. | Construct reasoned, logical and persuasive arguments in response to the issues impacting on the criminal law and legal system. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparing for seminars
Students prepare for participation in seminars by reading the set materials before each class (see Reading Guide on Canvas). Seminar questions for Weeks 2 and 4, Presentation Topics from Week 5 and the set readings for each week are in the Subject Learning Guide on Canvas.
The criminal law is not static and students are expected to undertake independent reading as it relates to ongoing criminal law reform and significant cases. This will be assisted by regular announcements and postings on Canvas by the Subject Coordinator. Students should also use the Discussion Board on Canvas to raise questions and reflections on the set topics and any new developments in criminal law.
In Weeks 2 and 4 students will engage with set questions based on materials in the Reading Guide. These readings raise fundamental issues that question some of the core theoretical foundations of our criminal law. The questions relating to the material are designed to assist students to develop skills in critical analysis and evaluation of the issues raised. In addition to the Reading Guide, students should also review the Introductory Chapters to the current textbook for 70114 Criminal Law and Procedure.
Group Presentations commence in week 5. Presentations and the roles and responsibilities for the group and each individual member are set out in Assessment Task 1. The Presentations are based on provided readings although students presenting are encouraged to supplement these with additional research. Each group will have the responsibility of determining how this is managed from a collaborative perspective. Any questions on how to manage this should be directed to the Subject Coordinator. Students who are not involved in the designated presentation must also consider the readings and questions raised for each of these classes and come prepared to engage in class discussion following each presentation.
Strategy 2: Participating in seminar discussion and analysis
This learning strategy is directly linked to Student Preparation. Students are expected to come to class ready to engage in a lively, informed and critical discussion of the topics set for each class. As noted above, the structure for discussion in Weeks 2 and 4 is set questions. For Weeks 2 and 3, the theoretical issues considered in the readings underpin the subject and you should keep such issues in mind as a theoretical basis for your written work (seminar paper and research essay). In Week 4 we will also consider two major aspects of the pre-trial process, arrest and bail. As noted above, Group Presentations will commence in Week 5. These presentations focus on the development of a student’s ability to effectively research, analyse and discuss a topic as part of a group. All other students must have read and considered the provided readings. Each presentation will be followed by a structured class debate on the topic. The presenting group is expected to incorporate this in their presentation and lead the debate. The Subject Coordinator will also guide the debate. The presentation paper is required to incorporate relevant outcomes from the post presentation debate/discussion. This is particularly relevant where there may have been omissions or legal errors in the presentation. The presentation paper is to be submitted a week after the presentation.
Strategy 3: Developing advanced verbal and written analysis of Criminal Law
The activities in Weeks 2 and 4 focus on individual communication skills. Group presentations focus on developing collaborative and communication skills. Unless there is justification for not doing so, each member of the group is expected to take part in the oral presentation of the topic. Each student will have the responsibility for collaborating with group members to organise the research, analyse the law and other information and decide on the best way to inform and report on the issue. Written skills will be developed initially through the presentation paper but will be expected to have reached a more refined stage by the time of the submission of the research essay (see Assessment Task 3).
Strategy 4: Feedback
In Week 3, students must complete a compulsory online quiz (no marks allocated) on conceptual questions that test their understanding of the theoretical issues raised in Weeks 2 and 3. An understanding of these theoretical issues is critical to the topics covered from Week 3 onwards. The purpose of the quiz is to review and reinforce student knowledge as well as provide online feedback to students on their progress in the subject. Detailed feedback is also provided as part of each Assessment Task (see below for details).
Subject Delivery
There will be a weekly 3-hour seminar. Attendance is compulsory, subject of course to a student being unable to attend due to illness or other justifiable reasons. The subject involves teacher led discussions on certain central themes and issues that arise from the Topic readings plus student presentations. All students are expected to be prepared for each class.
Content (topics)
Topic 1: Crime, History and Reason
Topic 2: Arrest and Bail
Topic 3: Crime and Violence I
Topic 4: Crime and Violence II
Topic 5: Terrorism
Topic 6: Hate Crime
Topic 7: Slavery
Topic 8: Defences I
Topic 9: Defences II
Assessment
Assessment task 1: Group Presentation and Paper
| Intent: | Collaborating with colleagues and communicating complex legal and policy issues are essential skills for lawyers. The Group Presentation develops students’ ability to work collaboratively with their peers, to critically analyse the law and legal policy, and to inform and report on the law and other information. The paper will assess academic writing skills and the ability to research the law and other information and to identify and analyse criminal law themes and issues. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 40% |
| Length: | - Group Presentation Summary - 2 pages single sided. - Group Oral Presentation - 30 minutes - Individual Paper - 1200 words (with 10% Faculty allowance) |
| Criteria: | Presentation
Paper
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Assessment task 2: Class Participation
| Intent: | The ability to communicate clearly and effectively present a legal argument or perspective on a specific issue is an essential legal skill. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 10% |
| Criteria: |
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Assessment task 3: Research Essay
| Intent: | This task is intended to assess your research skills, your ability to analyse and evaluate issues in relation to the development of the law, and your ability to develop a clear and well-reasoned argument on the criminal law. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 50% |
| Length: | 2500 word limit (with 10% Faculty allowance) |
| Criteria: |
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Required texts
David Brown et al, Criminal Laws: Material and commentary on the criminal law and process of NSW (Federation Press, 7th Ed, 2020) and see Other Resources below.
Recommended texts
- Alan Norrie, Crime, Reason and History; A critical introduction to the criminal law, (Cambridge University Press, 3rd ed, 2014).
- Bernadette McSherry et al (eds) Regulating deviance: the redirection of criminalisation and the futures of criminal law (Hart, 2009).
- Andrew Ashworth and Jeremy Horder, Principles of Criminal Law (Oxford University Press, 7th Ed, 2013).
- Mark Findlay et al, Australian Criminal Justice (Oxford University Press, 5th ed, 2014).
- Annotated Criminal Legislation (accessible on Lexis Pacific and Westlaw AU).
- Simon Bronitt and Bernadette McSherry, Principles of Criminal Law (Lawbook Co, 4th Ed, 2017).
- Stephen Shute and A.P. Simester (eds) Criminal law theory: doctrines of the general part (Oxford University Press, 2002).
- Antony Duff, Answering for crime: responsibility and liability in criminal law (Hart 2007).
References
See above
Other resources
There is a wealth of texts and journal articles on specialist topics. At the commencement of the semester students will be provided with extensive Readings (see Reading Guide, Canvas). The readings specified for each Topic will form the basis of the reading preparation for Weeks 2-12 but from Week 5 onwards they will also provide the readings for the Student Presentations. In addition to this, they will provide students with the basis for their Research Essays. New materials that are deemed relevant during the semester, along with any important announcements will be available through Canvas.