Course Outline

LAW103 Criminal Law and Procedure A

Course Coordinator:Kelley Burton (kburton3@usc.edu.au) School:School of Law and Society

2024Semester 1

UniSC Sunshine Coast

UniSC Moreton Bay

Blended learning Most of your course is on campus but you may be able to do some components of this course online.

Please go to usc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.

What is this course about?

Description

This course introduces you to the fundamental concepts of criminal law including the principles of onus and standard of proof; physical and fault elements; and strict and absolute liability. You will examine a range of criminal offences including fatal offences, non-fatal offences, sexual offences, property-related and financial offences, drug offences, traffic offences and public order offences. You will consider the role and availability of numerous defences and excuses, including provocation, self-defence, diminished responsibility, intoxication, accident and mistake of fact.

How will this course be delivered?

Activity Hours Beginning Week Frequency
Blended learning
Learning materials – Asynchronous online learning materials - 1.5 hours in weeks 1-13. 1.5hrs Week 1 13 times
Tutorial/Workshop 1 – Synchronous on campus tutorial - 2 hours in weeks 1-13. 2hrs Week 1 13 times

Course Topics

Concept of Crime

Role of the Criminal Law

Sources of Criminal Law

Classification of Offences

Principles Underpinning Criminalisation

Overview of the Queensland Criminal Justice System

Fatal Offences

Non-Fatal Offences

Sexual Offences

Property Offences

Drug Offences

Public Order Offences

Traffic Offences

Attempts

Criminal Responsibility for Participation in Offences

Provocation

Self-Defence

Insanity

Diminished Responsibility

Intoxication

Mistake of Fact

Accident

Act Independent of Will

Honest Claim of Right

[All topics contain mature content]

What level is this course?

100 Level (Introductory)

Engaging with discipline knowledge and skills at foundational level, broad application of knowledge and skills in familiar contexts and with support. Limited or no prerequisites. Normally, associated with the first full-time study year of an undergraduate program.

What is the unit value of this course?

12 units

How does this course contribute to my learning?

Course Learning Outcomes On successful completion of this course, you should be able to... Graduate Qualities Completing these tasks successfully will contribute to you becoming...
1 Demonstrate knowledge and critical understanding of fundamental rules of the criminal law in Queensland Knowledgeable
Empowered
2 Identify legal issues, apply legal reasoning and reach arguable conclusions in response to a broad range of criminal law scenarios Knowledgeable
3 Demonstrate a knowledge of ethical issues that may confront a criminal lawyer and an understanding of appropriate professional responses to those issues Ethical
4 Demonstrates the skills of organisation and time management to complete problems within in a set time. Empowered

Am I eligible to enrol in this course?

Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.

Pre-requisites

Enrolled in any Law Program or AR013

Co-requisites

LAW101

Anti-requisites

Not applicable

Specific assumed prior knowledge and skills (where applicable)

Not applicable

How am I going to be assessed?

Grading Scale

Standard Grading (GRD)

High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).

Details of early feedback on progress

In the tutorials in Weeks 2-6, you will engage in activities that ask you to self-assess and reflect on your learning; and provide peer feedback on tutorial answers.

Assessment tasks

Delivery mode Task No. Assessment Product Individual or Group Weighting % What is the duration / length? When should I submit? Where should I submit it?
All 1 Activity Participation Individual 10%
2 Hours
Throughout teaching period (refer to Format) In Class
All 2 Essay Individual 40%
1500 words
Week 8 Online Assignment Submission with plagiarism check
All 3 Examination - Centrally Scheduled Individual 50%
3 Hours
Exam Period Online Assignment Submission with plagiarism check
All - Assessment Task 1:Activity Participation
Goal:
The goal of this task is to assess your ability to identify legal and ethical issues in factual problems that may confront a criminal lawyer and your capacity to suggest an appropriate professional response.
Product: Activity Participation
Format:
Oral answers to tutorial questions in class. (Tutorials in weeks 2-6).
Criteria:
No. Learning Outcome assessed
1
Active participation during tutorials in weeks 2-6
1
2
Identifies ethical issues that may confront a criminal lawyer in a factual problem
2 3
3
Explains the relevant rules of law derived from statute and case law
1 2
4
Applies analytical reasoning to the factual problem
2
5
Suggests an appropriate professional response
3
6
Uses effective oral communication
3 4
All - Assessment Task 2:Written Piece
Goal:
The goal of this written piece is to assess your knowledge and critical understanding of some of the fundamental rules of the criminal law.
Product: Essay
Format:
This is an individual typewritten analytical essay. The maximum word limit is 1500 words.
Criteria:
No. Learning Outcome assessed
1
Identifies the relevant legal issues
2
2
Explains the relevant rules of criminal law derived from statute and case law
1 2
3
Applies analytical reasoning
2 3
4
Reaches arguable conclusions
2
5
Uses effective communication
3
All - Assessment Task 3:Invigilated Final Examination
Goal:
The goal of this assessment is to test your ability to apply the legal principles and concepts learned this semester to unseen questions.
Product: Examination - Centrally Scheduled
Format:
This assessment task is an online, open-book and invigilated exam. You will be required to attend a live Zoom session throughout the duration of the exam and need access to a working computer, a stable internet connection, and a webcam.

You will be given 3 hours to complete the examination. All topics covered in this course are potentially examinable. In preparation for this task, you will receive feedback on your problem-solving skills during tutorials and for assessment task 2.
Criteria:
No. Learning Outcome assessed
1
Identifies the relevant legal issues in the factual problems
2
2
Explains the relevant rules of criminal law derived from statute and case law
1
3
Applies analytical reasoning to the factual problems
2 3
4
Reaches arguable conclusions
2 4

Directed study hours

A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.

What resources do I need to undertake this course?

Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.

Prescribed text(s) or course reader

Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.

Required? Author Year Title Edition Publisher
Required Kelley Burton, Thomas Crofts and Stella Tarrant 2020 Principles of Criminal Law in Queensland and Western Australia 3rd ed Thomson Reuters
Required Kelley Burton, Thomas Crofts, James Duffy and Meredith Blake 2023 LexisNexis Questions and Answers: Criminal Law in Queensland and Western Australia 3rd ed LexisNexis

Specific requirements

Nil

How are risks managed in this course?

Health and safety risks for this course have been assessed as low. It is your responsibility to review course material, search online, discuss with lecturers and peers and understand the health and safety risks associated with your specific course of study and to familiarise yourself with the University’s general health and safety principles by reviewing the online induction training for students, and following the instructions of the University staff.

What administrative information is relevant to this course?

Assessment: Academic Integrity

Academic integrity is the ethical standard of university participation.  It ensures that students graduate as a result of proving they are competent in their discipline.  This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.

Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person.  You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.

In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin.  This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.

Assessment: Additional Requirements

Eligibility for Supplementary Assessment

Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:

The final mark is in the percentage range 47% to 49.4%
The course is graded using the Standard Grading scale
You have not failed an assessment task in the course due to academic misconduct

Assessment: Submission penalties

Late submission of assessment tasks may be penalised at the following maximum rate: 
- 5% (of the assessment task's identified value) per day for the first two days from the date identified as the due date for the assessment task. 
- 10% (of the assessment task's identified value) for the third day - 20% (of the assessment task's identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. 
- A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.

SafeUniSC

UniSC is committed to a culture of respect and providing a safe and supportive environment for all members of our community. For immediate assistance on campus contact SafeUniSC by phone: 07 5430 1168 or using the SafeZone app. For general enquires contact the SafeUniSC team by phone 07 5456 3864 or email safe@usc.edu.au.

The SafeUniSC Specialist Service is a Student Wellbeing service that provides free and confidential support to students who may have experienced or observed behaviour that could cause fear, offence or trauma. To contact the service call 07 5430 1226 or email studentwellbeing@usc.edu.au.

Study help

For help with course-specific advice, for example what information to include in your assessment, you should first contact your tutor, then your course coordinator, if needed.

If you require additional assistance, the Learning Advisers are trained professionals who are ready to help you develop a wide range of academic skills. Visit the Learning Advisers web page for more information, or contact Student Central for further assistance: +61 7 5430 2890 or studentcentral@usc.edu.au.

Wellbeing Services

Student Wellbeing provide free and confidential counselling on a wide range of personal, academic, social and psychological matters, to foster positive mental health and wellbeing for your academic success.

To book a confidential appointment go to Student Hub, email studentwellbeing@usc.edu.au or call 07 5430 1226.

AccessAbility Services

Ability Advisers ensure equal access to all aspects of university life. If your studies are affected by a disability, learning disorder mental health issue, injury or illness, or you are a primary carer for someone with a disability or who is considered frail and aged, AccessAbility Services can provide access to appropriate reasonable adjustments and practical advice about the support and facilities available to you throughout the University.

To book a confidential appointment go to Student Hub, email AccessAbility@usc.edu.au or call 07 5430 2890.

Links to relevant University policy and procedures

For more information on Academic Learning & Teaching categories including:

  • Assessment: Courses and Coursework Programs
  • Review of Assessment and Final Grades
  • Supplementary Assessment
  • Central Examinations
  • Deferred Examinations
  • Student Conduct
  • Students with a Disability

For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

UniSC is committed to excellence in teaching, research and engagement in an environment that is inclusive, inspiring, safe and respectful. The Student Charter sets out what students can expect from the University, and what in turn is expected of students, to achieve these outcomes.

General Enquiries

  • In person:
    • UniSC Sunshine Coast - Student Central, Ground Floor, Building C, 90 Sippy Downs Drive, Sippy Downs
    • UniSC Moreton Bay - Service Centre, Ground Floor, Foundation Building, Gympie Road, Petrie
    • UniSC SouthBank - Student Central, Building A4 (SW1), 52 Merivale Street, South Brisbane
    • UniSC Gympie - Student Central, 71 Cartwright Road, Gympie
    • UniSC Fraser Coast - Student Central, Student Central, Building A, 161 Old Maryborough Rd, Hervey Bay
    • UniSC Caboolture - Student Central, Level 1 Building J, Cnr Manley and Tallon Street, Caboolture
  • Tel:+61 7 5430 2890
  • Email:studentcentral@usc.edu.au