Criminal Law and Process
Duration
- One Semester or equivalent
Contact hours
- 36 hours
Aims and objectives
This unit aims to enable students, through the study of cases, statutes and other material, to acquire an understanding of, and competence in, Victorian criminal law and procedure. The unit introduces students to the key principles of criminal law, including the content of criminal offences and defences to these offences. The unit explores the procedure relating to the criminal justice system including commencement of criminal proceedings, search, seizure, forensic procedures, police questioning, bail and the machinery of the prosecution, trial and sentencing.
Unit Learning Outcomes
Students who successfully complete this unit will be able to:
1. Identify the elements of a crime and any applicable defences
2. Locate, interpret, evaluate and apply Victorian legislation relevant to criminal law and procedure
3. Apply common law and statutory provisions to factual situations to effectively advise clients of their criminal liability
4. Conduct research relating to criminal law and procedure and use the results of that research
5. Work efficiently and effectively with other people to develop coherent solutions to problems
Unit information in detail
- Teaching methods, assessment, general skills outcomes and content.
Teaching methods
Face to Face: Lectures ( 12 x 2 hrs), Tutorials (12 x 1 hrs) - 36 hours
Independent Learning (12 x 9.5 hrs) - 114 hrs
Online: Swinburne Online
Directed Online Learning and Independent Learning
150 hours (12 x 12.5 hrs)
For all teaching and learning structures (both face to face and online), students are expected to spend an average of 150 hours per unit in total over the duration of the study period
This includes all:
• Scheduled teaching and learning events and activities (contact hours timetabled in a face-to-face teaching space) and scheduled online learning events (contact hours scheduled in an online teaching space), and
• Non-scheduled learning events and activities (including directed online learning activities, assessments, independent study, student group meetings, and research)
• Read all prescribed materials and/or view videos in preparation for each class
• Attend and engage in all scheduled classes (face to face or online)
• Start assessment tasks well ahead of the due date, and submit assessments promptly
• Read / listen to all feedback carefully, and consider it for future assessment
• Engage with fellow students and teaching staff (don’t hesitate to ask questions)
Assessment
Assignment 1 (Individual) 50-60%
Assignment 2 (Group) 40-50%
General skills outcomes
• Teamwork skills
• Problem solving skills
• Analysis skills
• Communication skills
• Ability to tackle unfamiliar problems
• Ability to work independently
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
• 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
- Recommended reading.
Recommended reading
Students are advised to check the unit outline in the relevant teaching period for appropriate textbooks and further reading.