General Information
Advanced Criminal Law is an elective subject in the Juris Doctor program offered by the Faculty of Law. This subject aims to extend students’ understanding of the practice, principles and policies that shape legislative, practitioner and judicial approaches to criminal law. Students will examine advanced criminal law topics that are vital to the practice of criminal law and present specific challenges. The subject is designed to also consider emerging issues in criminal justice. It has a comparative focus, detailing approaches of various Australian and foreign jurisdictions. It provides an opportunity for students to engage in a significant self-directed research project that will allow students to think critically about criminal law. Further, students will experience carriage of a criminal law file from first contact with the client, ongoing communication with the client, submissions to the other side, filings and various appearances in court.
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Details
Academic unit: Faculty of Law Subject code: LAWS77-571 Subject title: Advanced Criminal Law Subject level: Postgraduate Semester/Year: January 2019 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: Attendance and learning activities: -
Resources
Prescribed resources: No Prescribed resources.
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture 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
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS77-571 |
| Subject title: | Advanced Criminal Law |
| Subject level: | Postgraduate |
| Semester/Year: | January 2019 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: | |
| Attendance and learning activities: |
| Prescribed resources: | No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List. |
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture 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 |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
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. Assumed Prior Learning (or equivalent):
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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 an advanced knowledge of the following legal topics: (a) The theories of crime and punishment and alternative approaches to justice as they relate to particular groups of ‘offenders’; (b) Specialist areas of criminal law, such as youth justice, mental incapacity, culturally diverse and indigenous persons, prison law, and contemporary issues in criminal justice; and (c) Legal research principles and methods.
- Demonstrate the reasoning, research and communication skills to execute a capstone experience by: (a) Implementing legal research skills; (b) Consolidating, analysing and synthesising knowledge relevant to criminal law (including some of the specialist areas), procedure and evidence; (c) Exercising judgment in providing solutions to complex criminal law problems; and (d) Communicating effectively to justify and conclusions and professional decisions to clients, opposing practitioners, other stakeholders, and the judiciary, including by conducting effective and respectful client interviews, engaging in effective oral advocacy and effective written communication.
- Demonstrate the reasoning, research and communication skills to plan and execute a substantial research project by: (a) Designing a research project and implementing legal research skills; (b) Critically analysing, consolidating and synthesising knowledge of the theories of crime and punishment and/or alternative approaches to justice in comparative contexts; (c) Applying established theories to a specialist area of criminal law to theorise about developments that contribute to professional practice or scholarship; and (d) Using effective communication skills to justify and interpret propositions, methodologies and conclusions to other scholars.
- Demonstrate the ability to apply the above knowledge and skills: (a) with creativity and initiative to new situations; (b) with high level personal autonomy and accountability; (c) to plan and execute a substantial research based project; and (d) to execute a capstone experience.
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 *Client Briefing Client Interview 10.00% Week 7 2,3,4 Moot Advocacy (e.g., Bail Application) 20.00% Week 8 1,2,3,4 Draft Document Drafting Requirement (e.g., Advice, Letter to Client) 20.00% Week 11 2,3,4 Essay Essay - Due Monday Week 13 50.00% Week 13 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 |
|---|---|---|---|---|
| *Client Briefing | Client Interview | 10.00% | Week 7 | 2,3,4 |
| Moot | Advocacy (e.g., Bail Application) | 20.00% | Week 8 | 1,2,3,4 |
| Draft Document | Drafting Requirement (e.g., Advice, Letter to Client) | 20.00% | Week 11 | 2,3,4 |
| Essay | Essay - Due Monday Week 13 | 50.00% | Week 13 | 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
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Advanced Criminal Law will be co-taught in 191 please see details of additional educators: Assistant Professor Elizabeth Greene | +61 7 5595 4076 | egreene@bond.edu.au Senior Teaching Fellow Joseph Crowley | +61 7 5595 1065 | jcrowley@bond.edu.au
Subject curriculum
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Week 1: Introduction, Principles of Criminal Law and Procedure
The subject will begin with an overview of the course. The fundamental principles of criminal law and procedure will be canvassed.
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Week 2: Principles of Criminal Procedure: Police Powers (Search, seizure and arrest)
Weeks two and three will examine police powers in Queensland with extensive reference to the Police Powers and Responsibilities Act 2000, as well as case law.
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Week 3: Principles of Criminal Procedure: Police Powers (Questioning and Confessions)
n/a
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Week 4: Jurisdiction
We will identify the various stages of a criminal matter and explore the different Courts in which a matter may be heard/finalized.
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Week 5: Bail
We will explore Bail in criminal proceedings and learn more about bail applications in court. There will be extensive reference to the Bail Act 1980.
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Week 6: Trial Process
This topic considers some of the practical and procedural issues of representing persons in court. We will also explore issues relating to mental incapacity, fitness to plead, and ethical conundrums.
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Week 7: Client Interviews
n/a
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Week 8: Advocacy Assessments
n/a
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Week 9: Sentencing and Punishment
This topic will involve consideration of prisons and parole. We explore the rights of the convicted and issues of procedural justice.
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Week 10: Appeals and Miscarriages of Justice
This topic considers the procedural mechanisms to appeal against a conviction and/or sentence. It will examine content relating to miscarriages of justice.
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Week 11: Current Issues in Criminal Justice
The final two weeks will consider topical issues in criminal justice such as domestic violence, organized crime groups/public order, law reform, terrorism, sex offenders, preventative detention and stalking/cybercrime.
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Week 12: Current Issues in Criminal Justice
n/a