Overview

This unit introduces students to criminal law and procedure. It commences with a discussion of the key principles of criminal law and then examines a variety of substantive offences including homicide and defences, non-fatal offences against the person, property offences, inchoate offences and participatory liability. This is followed by a broad discussion of defences. The second half of the unit explores the procedure relating to the criminal justice system including commencement of criminal proceedings, search, seizure, forensic procedures, police questioning, bail, the machinery of the prosecution, trial and sentencing.

Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
26-February-2024
26-May-2024
Last self-enrolment date
10-March-2024
Census date
31-March-2024
Last withdraw without fail date
12-April-2024
Results released date
02-July-2024
Teaching Period 2
Location
Online
Start and end dates
08-July-2024
06-October-2024
Last self-enrolment date
21-July-2024
Census date
02-August-2024
Last withdraw without fail date
23-August-2024
Results released date
29-October-2024

Learning outcomes

Students who successfully complete this unit will be able to:

  • Apply common law and statutory rules of criminal liability to advise people of their criminal liability
  • Evaluate, from a jurisprudential and normative perspective, the considerations which underpin criminal liability
  • Examine the operation and effectiveness of the criminal law system
  • Examine the criminal justice system, including defences to crime, and the extent to which it shapes individual behaviour and societal norms

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
AssignmentIndividual 10 - 20% 1,2,3,4 
ExaminationIndividual 50 - 70% 1,2,3,4 
Research AssignmentIndividual 20 - 40% 1,2,3,4 

Content

  • Definition of crime and the aims of the criminal law
  • Elements of crime
  • Sources of criminal liability
  • Homicide and defences
  • Non-fatal offences against the person 
  • Property offences
  • Inchoate offences
  • Participatory liability
  • Defences
  • Commencement of criminal proceedings
  • Search, seizure, forensic procedures, police questioning
  • Bail
  • The machinery of prosecution
  • Trial
  • Sentencing

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.