School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Criminal Law II
  • Unit Code

    LAW1214
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Toby Matthew NISBET

Description

This unit builds upon the learning outcomes and attributes achieved by the successful completion of Criminal Law 1. In this unit students will analyse a broad range of defences, drug offences, attempted offences and participation in offences. Students will examine the legislative provisions of the Criminal Code, the Criminal Law Mental Impaired Accused Act, and relevant cases. Key topics in the criminal justice area will be identified to evaluate the call for and efficacy of reforms of the criminal law.

Prerequisite Rule

Students must pass 1 units from LAW1113

Equivalent Rule

Unit was previously coded LAW560D, LAW5703

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse a fact scenario and evaluate whether given defences are sustainable on the basis of their analysis.
  2. Consider and comment on defences to drug offences.
  3. Contribute to discussions of law reform issues relating to self-defence and provocation from a gender perspective.
  4. Demonstrate understanding of the nature, function and scope of drug offences and various defences.

Unit Content

  1. Provocation.
    Self-defence.
    Duress.
    Insanity, unwilled acts and accident.
    Intoxication.
    Mistake of fact, mistake of law, and honest claim of right.
    Parties.
    Conspiracy and Attempt.
  2. Drug, firearms and traffic legislation.
  3. Mentally impaired accused

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes.

On-campus students will attend a weekly two hour of lecture and one hour of tutorial.
The lecture series will include a guest lecture from a criminal lawyer with extensive experience in dealing with defendants with a mental impairment.

Off-campus students access the program via Blackboard. Regular online access is required.

Both on campus and off-campus students will participate in interactive discussions in informal groups during tutorial sessions (or online in discussion forums).
Students will consider criminal law issues from socio-cultural and gender perspectives.
Students will be required to conduct statutory interpretation and research that will inform their critical analysis in fact-based problem scenarios.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation (includes oral and written presentations)10%
AssignmentAssignment20%
ExaminationExamination70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation (includes oral and written presentations)10%
AssignmentAssignment20%
ExaminationExamination70%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1214|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Criminal Law II
  • Unit Code

    LAW1214
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Toby Matthew NISBET

Description

This unit builds upon the learning outcomes and attributes achieved by the successful completion of Criminal Law 1. In this unit students will analyse a broad range of defences, drug offences, attempted offences and participation in offences. Students will examine the legislative provisions of the Criminal Code, the Criminal Law Mental Impaired Accused Act, and relevant cases. Key topics in the criminal justice area will be identified to evaluate the call for and efficacy of reforms of the criminal law.

Prerequisite Rule

Students must pass 1 units from LAW1113

Equivalent Rule

Unit was previously coded LAW560D, LAW5703

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse a fact scenario and evaluate whether given defences are sustainable on the basis of their analysis.
  2. Consider and comment on defences to drug offences.
  3. Contribute to discussions of law reform issues relating to self-defence and provocation from a gender perspective.
  4. Demonstrate understanding of the nature, function and scope of drug offences and various defences.

Unit Content

  1. Provocation.
    Self-defence.
    Duress.
    Insanity, unwilled acts and accident.
    Intoxication.
    Mistake of fact, mistake of law, and honest claim of right.
    Parties.
    Conspiracy and Attempt.
  2. Drug, firearms and traffic legislation.
  3. Mentally impaired accused

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes.

On-campus students will attend a weekly two hour of lecture and one hour of tutorial.
The lecture series will include a guest lecture from a criminal lawyer with extensive experience in dealing with defendants with a mental impairment.

Off-campus students access the program via Blackboard. Regular online access is required.

Both on campus and off-campus students will participate in interactive discussions in informal groups during tutorial sessions (or online in discussion forums).
Students will consider criminal law issues from socio-cultural and gender perspectives.
Students will be required to conduct statutory interpretation and research that will inform their critical analysis in fact-based problem scenarios.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation (includes oral and written presentations)10%
AssignmentAssignment20%
ExaminationExamination70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation (includes oral and written presentations)10%
AssignmentAssignment20%
ExaminationExamination70%

Core Reading(s)

  • Burtin, K., Crofts, T., & Tarrant, S. (2011). Principles of criminal law in Queensland and Western Australia. Pyrmont: Thomson Lawbook Co.
  • Crofts, T., & Burton, K. (2009). The criminal codes: Commentary and materials. (6th ed.). Pyrmont: Thomson Lawbook Co.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1214|1|2