Course Title: Analyse and evaluate concepts and principles of criminal law
Part B: Course Detail
Teaching Period: Term2 2020
Course Code: LAW5722
Course Title: Analyse and evaluate concepts and principles of criminal law
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Karen Ward
karen.ward@rmit.edu.au
Nominal Hours: 50
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to employ legal principles and aspects of criminal law, including criminal procedure, substantive aspects of criminal offences as defined in legislation and at common law, and, to evaluate the impact of law reform issues, in order to support the work of a legal office or associated context.
This unit supports the work of personnel engaged in the operation of a legal office, legal aid provider, government department or associated justice contexts within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21641 Analyse and evaluate concepts and principles of criminal law |
Element: |
1.Analyse the concept of crime and assess the purposes of criminal law within society |
Performance Criteria: |
1.1 Research, discuss and define the concept of crime 1.2 Research, compare and contrast the sources of criminal law 1.3 Analyse the concepts of mens rea and actus reus 1.4 Identify and describe the particular purposes of criminal law, with reference to retribution, deterrence, reformation and rehabilitation, and certainty |
Element: |
2.Outline and apply the pre-trial and trial procedures in a criminal matter and discuss the possible penalties for a criminal offence |
Performance Criteria: |
2.1 Identify and describe the preliminary and trial procedures in Victoria with particular reference to:
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Element: |
3.Analyse and apply the key elements of the criminal offences of murder and manslaughter, and assess the available defences to such prosecutions |
Performance Criteria: |
3.1 Define and analyse the concept of homicide and analyse for application, making reference to:
|
Element: |
4.Determine and apply the elements of offences against the person other than homicide |
Performance Criteria: |
4.1 Demonstrate the key elements of criminal assault and other offences involving violence, including when an offence is substantiated, and analyse for application 4.2 Research and discuss current issues in offences against the person, including domestic violence and assistance for victims of crime and stalking 4.3 Determine the key elements that comprise sexual offences, including when an offence is substantiated, and analyse for application 4.4 Research current issues regarding sexual offences, including inter alia sentencing practice for rape offences, jury direction in rape cases and refer to the sexual history of the complainant, and analyse for practice |
Element: |
5.Evaluate and apply the available defences to particular offences |
Performance Criteria: |
5.1 Identify and describe the concept of defensive homicide on a charge of murder and determine the circumstances under which defensive homicide is available as a defence 5.2 Define the concept of self-defence and determine the circumstances under which self-defence may be applied 5.3 Assess the defences of duress, marital coercion, sudden or extraordinary emergency, superior orders and necessity, with reference to availability, elements, particular issues in relation to the offence of murder, precedent, and Crimes (Homicide) Act 2005 5.4 Identify and describe the circumstances in which impaired or altered mental states may negate criminal responsibility |
Element: |
6.Analyse and apply the law relating to the types of participation in crime and attempts |
Performance Criteria: |
6.1 Analyse the culpability of the participants in a given crime, using relevant culpability case examples. 6.2 Analyse and assess the concept of attempt in criminal law, with reference to actus reus, voluntary desistance, mens rea, legal and factual impossibility and the statutory provisions |
Element: |
7.Analyse and apply the various elements to the criminal offence of theft, and discuss the available statutory defences |
Performance Criteria: |
7.1 Research and discuss the historical background to the law of theft, including larceny at common law and the reasons behind the introduction of the theft provisions of the Crimes Act 7.2 Analyse and discuss the terms property, belonging to another, and appropriates as stipulated by the Crimes Act 7.3 Describe the concept of intention of permanently depriving, as defined by the Crimes Act, with reference to the presumption in relation to motor vehicles and aircraft, and analyse for application 7.4 Define the concept of appropriation of property dishonestly, as defined by the Crimes Act, with reference to claim of right, consent, unknown owner and willingness to pay, and analyse for application 7.5 Analyse the applications of theft provisions to case study materials. |
Element: |
8.Determine and apply the elements of crimes of obtaining property as defined by the Crimes Act |
Performance Criteria: |
8.1 Outline the definitions of the criminal offences of obtaining property by deception and of obtaining a financial advantage by deception, as stipulated by S 81 and S 82 of the Crimes Act and apply to case study material 8.2 Analyse, for application, the criminal offences of robbery and armed robbery (S75 & S75A), burglary and aggravated burglary (S76 & S77) and blackmail (S87), as defined by the Crimes Act and apply to case study material |
Element: |
9.Analyse and apply the key elements required for strict and absolute liability offences |
Performance Criteria: |
9.1 Identify and explain the distinctions between mens rea offences, strict liability offences and offences of absolute liability and the criteria for making the distinctions 9.2 Research the rationale for offences of strict or absolute liability and relevant statutory provisions for creating them and analyse for application 9.3 Examine the operation of the defence of mistake in relation to strict liability offences, including the distinction between a mistake of fact and a mistake of law, and, the onus of proof in relation to mistake, and analyse for application 9.4 Analyse strict and absolute liability offences with reference to case study material. |
Learning Outcomes
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative Collaborate Ultra Session based activities.
The self-paced activities will be delivered thought various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative Collaborate Ultra Session based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Canvas
- Overview of assessment requirements
- Pre-Training Review including:
- Recognition of Prior Learning and Credit Transfers
- Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student responsibilities
The Teaching Schedule for this course is as follows.
Please note that this schedule is subject to change.
Course Schedule: LAW5722 Analyse and Evaluate Concepts and Principles of Criminal Law, Semester 2, 2020 | ||
Week |
Topic |
Assessment |
Week 1 July 6 |
The concept of crime and purposes of criminal law (Element 1) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
Assessment Task 1 available |
Week 2 July 13 |
Criminal pre-trial and trial procedure and penalties (Element 2) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 3 July 20 |
Criminal pre-trial and trial procedure and penalties (Element 2) cont. Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 4 July 27 |
The elements of murder (Element 3) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 5 August 3 |
Defences to murder - Self Defence (Element 5) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. Manslaughter and other unlawful killings (Element 3) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
Assessment Task 1 Due Assignment – Criminal Procedure, Penalties & Purpose (Elements 1 & 2) You will receive feedback in week 7. |
Week 6 August 10 |
Other offences against the person - Assault and related offences (Element 4) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
Assessment Task 2 Available |
Week 7 August 17 |
Other offences against the person - Sexual offences (Element 4) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 8 August 24 |
Revision (Elements 3, 4 & 5) Read the learning materials provided in canvas for this week . |
|
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Mid-Semester Break |
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Week 9 September 7 |
Theft and other property offences (Element 7 & 8) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
Assessment Task 2 Due Assignment (Elements 3, 4 & 5) You will receive feedback in week 11. |
Week 10 September 14 |
Theft and other property offences (Element 7 & 8) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
Assessment Task 3 Available |
Week 11 September 21 |
Participation in crime and attempts (Element 6) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 12 September 28 |
General defences Mental impairment and related mental states (Element 5) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. |
|
Week 13 October 5 |
Offences of strict & absolute liability and mistake (Element 9) Read the learning materials provided in canvas for this week & do the activities for this topic available in canvas. Revision (Elements 5, 6, 7, 8, 9) |
|
Week 14 October 12 |
Assessment work. |
Assessment Task 3 due Case Assignment (Elements 5, 6, 7, 8, 9) You will receive feedback in week 16. |
Week 15 October 19 |
Resubmissions |
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Week 16 October 26 |
Resubmissions |
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Week 17 November 2 |
Grade Entry |
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The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course. This may include not only scheduled Collaborate Ultra Sessions but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Learning Resources
Prescribed Texts
References
Other Resources
Recommended text: Penny Crofts Criminal Law (Lexus Nexis 6th ed. 2017)
- Additional resources are provided via canvas
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• the ability to explain the concept of crime and criminal law in society
• knowledge of Criminal Law relating to criminal procedures, substantive aspects of criminal offences as defined in legislation, and law reforms
• investigating criminal procedures and the possible penalties for a criminal offence
• analysing elements of criminal offences of manslaughter and murder
• assessing the available defences to particular offences
• analysing the key elements required for strict and absolute liability offences
• knowledge of applications of relevant sections of the Crimes Act in a range of case study materials
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.
Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
Assessment Tasks
You are required to complete 3 assessment tasks. You must successfully (satisfactorily) complete all tasks satisfactorily to be deemed competent in this course.
Assessment Task 1 - Assignment - Criminal procedure, penalties and purpose (Due Date: 09/08/20 -Week 5)
Feedback for this assessment task will be provided in week 7
The purpose of Task 1 is to assess your knowledge of the concept of crime and the purposes of criminal law, pre-trial and trial procedures in a criminal matter and penalties, sentencing procedures, reforms to evidence and criminal procedure and the Charter of Human Rights and Responsibilities Act in relation to criminal law and to relate this in a practical way to the case observed.
Assessment Task 2 - Assignment (Due Date:13/09/2020 - Week 9)
Feedback for this assessment task will be provided in week 11
This assessment consists of short answer questions as well as extended case study questions. The purpose of this task is to assess your knowledge of substantive aspects of the criminal offences of murder, manslaughter, assault and sexual offences and the defence of self-defence as defined in case law and legislation and the key elements of these offences in the context of your application of the law to case studies.
Assessment Task 3 - Case Assignment (Due Date: 18/10/2020 Week 14)
Feedback for this assessment task will be provided in week 16
The purpose of this task is to assess your knowledge of substantive aspects of the offences of theft and other property offences, strict liability offences, attempts and participation, and of general defences, as defined in case law and legislation, in the context of your application of the law to case studies.
Assessment Matrix
The competency assessment map that maps all the assessment tasks is available on CANVAS.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- Always retain a copy of your assessment tasks. (hard copy and soft copy)
- When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
- Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.
If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview