Criminal Law and Procedure A is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. Students enrolled in this subject will learn about criminal offences (including fatal and non-fatal offences against the person, and offences against property) as well as criminal defences (including such defences as accident, mistake, self-defence, provocation, and insanity). Upon completion of the subject, students will be able to demonstrate their understanding of criminal law and their ability to engage in legal reasoning by discussing and solving complex legal problems orally and in writing.
Changes due to Commonwealth Games: The University has marginally altered the timetable for the January semester of 2018 (181) to ensure that students have the opportunity to engage with the Commonwealth Games to be held in April 2018. The modified timetable has been designed to not impact on overall subject or program learning outcomes. Some subjects may be delivered in a slightly modified mode to accommodate the change. Specific arrangements will be included on the iLearn site for each subject. All changes to the class schedule have the full approval of University and Academic Unit administration and will not adversely affect student learning or assessment.
|Academic unit:||Faculty of Law|
|Subject title:||Criminal Law and Procedure A|
Delivery & attendance
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] 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
There are no co-requisites.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
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:
- Apply the Criminal Law of Queensland to factual scenarios encompassing various offences (including homicide, offences against the person and offences against property), defences (including self-defence, provocation, mistake and intoxication) and modes of liability.
- Recognise the principles that underpin the law.
- Synthesise legislation and common law (case law) to compose legal argument, in the context of the Queensland Criminal Law.
- Present basic submissions and arguments in a courtroom setting.
|*Class Participation||Seminar participation||15%||Ongoing||1, 2, 3.|
|Oral Pitch||Offence Analysis and presentation to class||10%||To Be Negotiated||1, 2, 3.|
|Oral Pitch||Advocacy exercise||15%||To Be Negotiated||4.|
|Paper-based Examination (Open)||End of semester examination||60%||Final Examination Period||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.
|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.|
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.
Students must check the [email protected] 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.
Policy on plagiarism
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.
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.
Ch 1 Introduction to Criminal Law; Ch 2 Acts and Omissions; Duties to Act and Breach of Duty; Ch 3 Causation of Death
Ch 3 Murder: Intention and its Proof; Constructive Murder; Manslaughter: Intentional Violence and the Defence of; Ch 4 Accident; Criminal Negligence; Duties to Act and Breach of Duty
Ch 5 Assault based offences and injury based offences
Ch 6 Rape; Sexual Assault; Indecent Acts; Indecent Treatment of Children; UCK
Ch 7 Stealing; Fraud; Receiving; Robbery; Offences Respecting Premises
Ch 8 State Drug Offences: Parties; Aiding; Counselling and Procuring; Ch 20 Common Purpose
Ch 10, Ch 11, Ch 12, Ch 13 Types of Defence; Reverse Evidentiary Burdens; Lack of Will and Involuntariness; Accident; Intention; Mistake of Fact; Mistake of Law
Ch 14 Defensive Force: Self-defence; Defence of Other; Defence of Property; Ch 15 Provocation: the Defence to Murder and Assault
Ch 16 Compulsion; Emergency; Medical Necessity; Ch 21 Immature Age
Ch 17 Insanity; Automatism; Diminished Responsibility; Ch 18 Intoxication
Ch 19 Attempts; Conspiracy