Overview

The aim of this unit is to enable students, through the study of cases, statutes and other material, to understand 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.

Requisites

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

Learning outcomes

Students who successfully complete this unit will be able to:

  • Identify the elements of a crime and any applicable defences
  • Locate, interpret, evaluate and apply Victorian legislation relevant to criminal law and procedure
  • Apply common law and statutory provisions to factual situations to effectively advise clients of their criminal liability
  • Conduct research relating to criminal law and procedure and use the results of that research
  • Work efficiently and effectively with other people to develop coherent solutions to problems

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
2.00 12 weeks 24
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Various
9.50 12 weeks 114
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
12.50 12 weeks 150
TOTAL150

Assessment

Type Task Weighting ULO's
Assignment 1Individual 40 - 50% 1,2,3,4 
Assignment 2Group 40 - 50% 1,2,3,4,5 
Online QuizIndividual 10 - 20% 1,2,3 

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.