General Information
Foundations of Public and Criminal Law is an introductory compulsory subject in the Juris Doctor program offered by the Faculty of Law. The subject introduces the aims, doctrines and institutions of public law and criminal law and procedure. It considers the separation of powers and constraints on the exercise of power, as well as accountability institutions. It introduces students to Public International Law and Rights and specifically considers rights in the criminal law context as well as general doctrines of criminal law. Emphasis is placed on the development of legal research and reasoning skills.
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Details
Academic unit: Faculty of Law Subject code: LAWS75-108 Subject title: Foundations of Public and Criminal Law Subject level: Postgraduate Semester/Year: May 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Forum: x12 (Total hours: 24) - Weekly Forum
- Tutorial: x11 (Total hours: 11) - Weekly Tutorial
- Self-Directed Activity: x1 (Total hours: 1) - Integrated Skills and Professionalism Development
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: This subject will be delivered as a two hour forum each week for twelve weeks and a one hour tutorial each week for eleven weeks commencing in Week 2. The tutorial each week will be linked to the content of the forum from the previous week. -
Resources
Prescribed resources: Books
- Colvin, McKechnie and Greene (2021). Criminal Law in Queensland and Western Australia: Cases & Commentary. 9th, Lexis Nexis
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS75-108 |
| Subject title: | Foundations of Public and Criminal Law |
| Subject level: | Postgraduate |
| Semester/Year: | May 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
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| Attendance and learning activities: | This subject will be delivered as a two hour forum each week for twelve weeks and a one hour tutorial each week for eleven weeks commencing in Week 2. The tutorial each week will be linked to the content of the forum from the previous week. |
| Prescribed resources: | Books
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|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
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| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate advanced and integrated understanding of the following legal topics: nature of public law; government power and accountability; public international law and rights; aims of criminal law and punishment; and criminal law doctrines.
- Demonstrate competency in exercising the following skill at an introductory level, with creativity, initiative and autonomy: legal research and reasoning.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working autonomously, accountably and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Computer-Aided Examination (Limited Open) Final Assessment 50.00% Final Examination Period 1,2,3 Research Paper Skills Assessment - Legal research and reasoning 30.00% Week 8 1,2,3 Activity Class Participation 20.00% Weekly 1,2,3 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Computer-Aided Examination (Limited Open) | Final Assessment | 50.00% | Final Examination Period | 1,2,3 |
| Research Paper | Skills Assessment - Legal research and reasoning | 30.00% | Week 8 | 1,2,3 |
| Activity | Class Participation | 20.00% | Weekly | 1,2,3 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
This subject contains content that some students may find distressing, disturbing or culturally challenging. Students with concerns about the content of any subject are encouraged to discuss this with their teacher and consider how best to prepare themselves to study challenging material in a way that is appropriate for them. | Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Separation of Power
The Legislature, The Executive, The Judiciary.
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Constraints on Power
Rule of Law.
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Accountability of the Executive
Available mechanisms that place controls of the exercise of power by the Executive, eg. Royal Commissions and Inquiries, Anti-Corruption Institutions, Ombudsman and Freedom of Information.
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Public International Law and Rights
Principle of Sovereignty, Sources of International Law, Domestic application and Human Rights.
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Protecting Rights: Right to Privacy and Silence
Right to Privacy and Silence at common law and statute. Circumstances allowing State to encroach on those rights and protections available to prevent abuse of power.
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Protecting Rights: Right to Liberty
Right to Liberty at common law and statute - Arrest, Detention and Bail. Circumstances allowing State to encroach this right and protections available to prevent abuse of power.
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Protecting Rights: Creating and Proving Liability
Criminalisation: definition of crime and classification of offences. Personal autonomy, personality in criminal law, elements of crimes (Actus Reus and Mens Rea), causation, justification, excuse, inchoate and secondary liability.
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Protecting Rights: Right to a Fair Trial
Common law and statutory protections. The presumption of innocence; evidentiary burdens and the standard of proof; Independence and Impartiality; the right to silence; the right to legal representation; finality.
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Protecting Rights: Sentencing
Aims: prevention and deterrence, rehabilitation, protection of the community, individualisation, consistency.